Policies: ANTI MONEY LAUNDERING POLICY - Internal Complaints Procedures - Treating Customers Fairly Policies - Vulnerable Consumers Policy
ANTI MONEY LAUNDERING POLICY
Purpose and Context
The Company is committed to the highest standards of probity in all its financial dealings. It will therefore ensure that it has in place proper, robust financial controls so that it can protect its funds and ensure continuing public trust and confidence in it. Some of those controls are intended to ensure that the Company complies in full of its obligations not to engage or otherwise be implicated in money laundering or terrorist financing. This policy sets out those obligations, the Company’s response and the procedures to be followed to ensure compliance.
This policy applies to all individuals, including senior managers, directors, employees (whether permanent, fixed-term or temporary), consultants, contractors, trainees, seconded staff, casual workers and agency staff, volunteers, interns, agents, sponsors, or any other person associated with us or any of our subsidiaries or their employees, wherever located (and collectively referred to as workers in this policy) who are engaged in financial transactions on behalf of the University. Certain functions under this policy are to be undertaken by a Nominated Officer. For the purpose of this policy, the Nominated Officer is the Director of Finance and, in their absence the Deputy Director of Finance. Any failures to adhere to this policy may be dealt with under the Company’s disciplinary or other policies as appropriate. Note that any such failures also expose the individual concerned to the risk of committing a money laundering offence. This policy does not form part of any employee’s contract of employment and the Company may amend it at any time.
1 What is money laundering?
Money laundering is the process by which the proceeds of crime are sanitised to disguise their illicit origins and are legitimised. Money laundering schemes come with varying levels of sophistication from the very simple to the highly complex. Straightforward schemes can involve cash transfers or large cash payments whilst the more complex schemes are likely to involve the movements of money across borders and through multiple bank accounts. Money laundering schemes typically involve three distinct stages:
• Placement – the process of getting criminal money into the financial system
• Layering – the process of moving the money within the financial system through layers of transactions; and Anti-Money-Laundering
• Integration – the process whereby the money is finally integrated into the economy, perhaps in the form of a payment for a legitimate service.
2 Money Laundering Warning Signs or Red Flags
Payments or prospective payments made to or asked of the Company can generate a suspicion of money laundering for a number of different reasons. For example:
• Large cash payments;
• Multiple small cash payments to meet a single payment obligation;
• Payments or prospective payments from third parties, particularly where o there is no logical connection between the third party and the customer, or where the third party is not otherwise known to the Company, or o where a debt to the Company is settled by various third parties making a string of small payments;
• Payments from third parties who are foreign public officials or who are politically exposed persons (“PEP”);
• Payments made in an unusual or complex way;
• Unsolicited offers of short-term loans of large amounts, repayable by cheque or bank transfer, prepaid in a different currency and typically on the basis that the University is allowed to retain interest or otherwise retain a small sum;
• Donations which are conditional; on particular individual or organisations, who are unfamiliar to the Company, being engaged to carry out work;
• Requests for refunds of advance payments, particularly where the Company is asked to make the refund payments to someone other than the original payer;
• A series of small payments made from various credit cards with no apparent connection to the student and sometimes followed by chargeback demands;
• The prospective payer wants to pay up-front a larger sum than is required or otherwise wants to make payments in advance of them being due;
• Prospective payers are obstructive, evasive or secretive when asked about their identity or the source of their funds or wealth; • Prospective payments from a potentially risky source or a high-risk jurisdiction.
• The payer’s ability to finance the payments required is not immediately apparent or the funding arrangements are otherwise unusual.
3 Money Laundering - The Law
The law concerning money laundering is complex and increasingly actively enforced. It can be broken down into three main types of offences:
• The principal money laundering offences under the Proceeds of Crime Act 2002;
• The prejudicing investigations offence under the Proceeds of Crime Act 2002; and
• Offences of failing to meet the standards required of certain regulated businesses, including offences of failing to disclose suspicions of money laundering and failing Anti-Money-Laundering to comply with the administrative requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) regulations 2017.
3.1 The Principal Money Laundering Offences
These offences, contained in sections 327,328 and 329 Proceeds of Crime Act 2002, apply to any property (e.g. cash, bank accounts, physical property, or assets) that constitutes a person’s benefit (in whole or partly) where the person concerned knows or suspects that it constitutes or represents such a benefit. Any property which meets this definition is called criminal property. It is a crime punishable by up to fourteen years imprisonment, to:
• Conceal, disguise, convert or transfer criminal property or to remove it from the United Kingdom;
• Enter into an arrangement that you know or suspect makes it easier for another person to acquire, retain, use or control criminal property; and
• Acquire, use or possess criminal property provided that adequate consideration (i.e. proper market price) is not given for its acquisition, use or possession. University staff can commit these offences when handling or dealing with payments to the Company: if they make or arrange to make a repayment, they risk committing the first two offences, and if they accept a payment, they risk committing the third offence.
In all three cases, they will have a defence if they made a so-called authorised disclosure of the transaction either to the Nominated Office or the National crime Agency and the National Crime Agency does not refuse consent to it.
3.3 Failure to Disclose Offence
It is a crime, punishable by up to five years imprisonment, for a nominated Officer who knows or suspects money laundering or who has reasonable grounds to know or suspect it having received an authorised disclosure not to make an onward authorised disclosure to the National Crime Agency as soon as practical after they received the information.
3.4 The Offence of Prejudicing Investigations /Tipping-Off
The purpose of making an authorised disclosure to the National Crime Agency is to allow it to investigate the suspected money laundering so it can decide whether to refuse consent to the transaction. That investigation would be compromised if the person concerned (or indeed anyone else) were to be told that an authorised disclosure had been made. To prevent this happening section 342 Proceeds of Crime Act 2002 provides that it is a crime, punishable by up to five years imprisonment, to make a disclosure which is likely to prejudice the money laundering investigation. University staff can commit this office if they tell a person an authorised disclosure has been made in their case. Authorised disclosures must be kept strictly confidential.
4 Terrorist Finance
4.1 The Principal Terrorist Finance Offences
Whereas money laundering is concerned with the process of concealing the illegal origin of the proceeds from crime, terrorist financing is concerned with the collection or provision of funds for terrorist purposes. The primary goal of terrorist financers is to hide the funding activity and the financial channels they use. Here, therefore, the source of the funds concerned is immaterial, and it is the purpose for which the funds are intended that is crucial. Payments or prospective payments made to or asked of the Company can generate a suspicion of terrorist finance for several different reasons, but typically might involve a request for a payment, possibly disguised as a repayment or re-imbursement, to be made to an account in a jurisdiction with links to terrorism. Sections 15 to 18 Terrorism Act 2000 create offences, punishable by up to 14 years imprisonment of:
• Raising, possessing or using funds for terrorist purposes;
• Becoming involved in an arrangement to make funds available for the purposes of terrorism; and
• Facilitating the laundering of terrorist money (by concealment, removal, transfer or in any other way).
These offences are also committed where the person concerned knows, intends, or has reasonable causes to suspect that the funds concerned will be used for a terrorist purpose.
In the case of facilitating the laundering of terrorist money, it is a defence for the person accused of the crime to prove that they did not know and had no reasonable grounds to suspect that the arrangement related to terrorist property.
Section 19 Terrorism Act 2000 creates an offence, punishable by up to five years imprisonment, where a person received information in the course of their employment that causes them to believe or suspect that another person has committed an offence under sections 15 to 18 of Terrorism Act 2000 and does not the report the matter either directly to the policy or otherwise in accordance with their employer’s procedures.
4.2 The Offence of Prejudicing Investigations
Section 39 Terrorism Act 2000 creates an offence, punishable by up to five years imprisonment, for a person who has made a disclosure under section 19 Terrorism Act 2000 to disclose to another person anything that is likely to prejudice the investigation resulting from that disclosure.
Disclosures made under the Terrorism Act 2000 must be kept strictly confidential.
The Company will:
• Conduct an annual risk assessment to identify and assess areas of risk money laundering and terrorist financing particular to the Company:
• Implement controls proportionate to the risk identified;
• Establish and maintain policies and procedures to conduct due diligence on funds received;
• Review policies and procedures annually and carry out on-going monitoring of compliance with them;
• Appoint a nominated officer to be responsible for reporting any suspicious transaction to the National Crime Agency
• Provide training to all relevant members of staff, including temporary staff, on joining the Company, and provide refresher training, and
• Maintain and retain full records of work done pursuant to this policy.
5.2 The Company’s Risk Assessment, Continuous Review and Accountability
At least once a year, and more frequently if there is a major change in circumstances, the Director of Finance will:
• Conduct an assessment of money laundering and terrorist finance risk in the Company’s work
• Review and, if necessary, revise this policy in light of that risk assessment;
• Review and, if necessary, revise the Company’s arrangement for ensuring compliance with this policy so that resources are targeted to the areas of greatest risk; and
• Report to the Audit Committee on all aspects of this policy including its implementation.
To facilitate the review and accountability functions the Director of Finance will ensure:
• The availability of appropriate management information to permit effective oversight and challenge; and
• The maintenance and retention of full record of work done under this policy. In conducting the assessment of money laundering and terrorist financing risk arising from the Company’s work and funding activity, the Director of Finance will have regard to the Company’s experiences and to any lessons learned in applying this policy.
They will also consider any guidance or assessments made by the UK government, law enforcement and regulators, including the Charity Commission and the Financial Conduct Authority. They may also have regard to report by non-governmental organisations and commercial due diligence providers.
5.3 Transaction Due Diligence
Due diligence is the process by which the Company assures itself of the provenance of funds it receives and that it can be confident that it knows the people and organisations with whom it works. In this way the Company is better able to identify and manage risk. Due diligence should be carried out before the funds are received. Funds must not be returned before due diligence has been reviewed. In practical terms this means:
• Identifying and verifying the identity of a payer or a payee, typically a customer or a donor;
• Where the payment is to come from or to be made by a third party on behalf of the student or donor, identifying and verifying the identity of that third party;
• Identifying and verifying the source of fund from which any payment to the Company will be made; and
• Identifying and in some circumstances verifying the source of wealth from which the funds are derived. Source of funds refers to where the funds in question are received from. The most common example of a source of funds is a bank account. Source of wealth refers to how the person making the payment came to have the funds in question. An example of a source of wealth is savings from employment.
5.4 Transaction Risk Assessment
Having completed its due diligence exercise, the Company will assess the money laundering and terrorist finance risk associated with the proposed transaction.
Where a transaction is considered as suspicious, or the member of staff dealing with the transaction considers there is a suspicion of money laundering or terrorist finance, they must report the case as soon as practicable, by email to the Director of Finance based on the template in Appendix One.
The Director of Finance is directly responsible to the Audit Committee for the implementation of this policy. As such, with the Committee’s full support, they will ensure:
• Regular assessments of the University’s money laundering and terrorist finance risks are conducted and relied on to ensure the effectiveness of this policy;
• Appropriate due diligence is conducted as a result of which risks relating to individual transactions are assessed, mitigated and kept under review;
• Anti money laundering and counter-terrorist finance training is delivered within the University, including training on this policy and • This policy is kept under review and up-dated as and when necessary, as levels of compliance are monitored.
The Director of Finance will devise and implement arrangements to ensure that compliance with this policy is kept under review through regular file reviews, including reviews of due diligence and risk assessment, and reports and feedback from staff.
To enable monitoring to be conducted and compliance with the policy to be evidenced, the University will retain all anti money laundering and counter-terrorist finance records securely for a period of at least five years.
On joining the Company any staff whose duties will including undertaking a finance function will receive anti money laundering training as part of their induction process. All staff undertaking a finance function will receive refresher anti money laundering and counter-terrorist finance training.
The Company’s anti money laundering and counter-terrorist financing training will include the applicable law, the operation of this policy and the circumstances in which suspicions might arise. Company will make and retain for at least five years records of its anti-money laundering training.
Treating customers fairly policy
The Financial Conduct Authority’s (FCA) Treating Customers Fairly (TCF) initiative is primarily based on the obligation set out in Principle 6 requiring a firm to pay due regard to the interests of its clients and treat them fairly. Access Commercials is fully committed to TCF and this Policy has been designed to demonstrate the application of TCF during the course of our day to day activities.
TCF is embedded throughout the FCA’s Handbook and supports the TCF initiative and satisfies the FCA’s six core consumer outcomes which explain what it wants TCF to achieve for consumers. These are:
Consumers can be confident they are dealing with firms where TCF is central to the corporate culture.
Products and services marketed and sold in the retail market are designed to meet the needs of identified consumer groups and targeted accordingly.
Consumers are provided with clear information and are kept appropriately informed before, during and after the point of sale.
Where consumers receive advice, the advice is suitable and takes account of their circumstances.
Consumers are provided with products that perform as firms have led them to expect and the associated service is both of an acceptable standard and as they have been led to expect.
Consumers do not face unreasonable post-sale barriers imposed by firms to change product, switch provider, submit a claim or make a complaint.
Our TCF Mission Statement
We will act with integrity in everything that we do and aim to be in partnership with our clients.
Our TCF Principles
Customers will be provided with clear information and kept appropriately informed before, during and after the point of sale.
If we give advice to our customers, the advice will be suitable and take account of their circumstances.
Our level of service and product performance will meet the expectations of our customers as far as reasonably possible.
We will ensure that there is no barrier for customers to express their requests, concerns or complaints, and will always be responsive to them.
Products and services will be designed to meet the needs of clients.
Assessing and implementing our TCF Principles
All Access Commercials financial promotions and marketing literature are reviewed to ensure that they are appropriate for the target audience and are presented in a clear, fair and not misleading manner.
Sales, Advice, Management
Post-Sale Information and Support
Access Commercials strives to keep its clients informed at all times. Appropriate records are provided as required and on an ongoing basis. We have appropriate capacity and processing arrangements in place to ensure continuous support and no post-sale barriers.
Policies and Procedures
Distance selling procedures:
Home Delivery: Consumers Only - 48 hours test period & full refund.
If the vehicle does not match your expectations a full refund will be offered in the first 48 hours. This is your test period and if you are not happy with the vehicle for whatever reason - we will cancel the deal and refund your money. By purhasing vehicle and it being registered to you after 48 hours distance selling does not apply.
Business - Under business to business transations there is no grace period to return vehicles only warranty applies as per out warranty documet.
ACCESS COMMERCIALS UK LTD has a number of policies and procedures that are relevant to the fair treatment of clients and also achieve adherence to FCA requirements, these are (this not an exhaustive list):
Conflicts of Interest Policy
Data Protection Policy
Training and Competence Policy
Complaint Handling Procedures
ACCESS COMMERCIALS UK LTD ensures that all advisers and staff are familiar with the fundamental principles of TCF. In addition, where applicable, advisers and staff are trained in order to suitably advise on and efficiently explain and provide our products and services. We make sure that all of our advisers and staff achieve the necessary qualifications and training in order to carry out their job functions with the required competence level. We undertake regular monitoring and assessment of our advisers and staff so that we can be certain of their competence.
ACCESS COMMERCIALS UK LTD has a compliance team who is independent and regularly monitors all key areas of regulatory compliance including TCF.
ACCESS COMMERCIALS UK LTD operates a remuneration model that mitigates sales bias and rewards non-sales staff in a way that would not negatively impact the treatment of its clients.
ACCESS COMMERCIALS UK LTD aims to provide excellent customer service and complaint handling is a major component of its TCF measures. We deal with customer complaints fairly and objectively and attempt to put things right as quickly as possible, in accordance with the rules laid down by the FCA. All complaints are recorded and monitored by our compliance team and reported and analysed in company MI and committee meetings.
Any customer with a complaint is requested to put the complaint in writing via email to email@example.com we aim to respond to all complaints within 5 working days, Vehicles are requested to be delivered back to ourselves for inspection. Any vehicle sold on finance we aim to notify the finance company of any complaints within 7 working days.
ACCESS COMMERCIALS UK LTD’S culture is and has been throughout the years in line with the outcomes stipulated by the FCA’s TCF initiative. However, we frequently review our policies, procedures, and practices to ensure that TCF remains a crucial part of our business.
We ask our clients to provide us feedback, sometimes formally through customer surveys, so that we can improve our service. The information we collate from our clients can be reflected in company MI and reviewed by senior managers, directors, and board members to help shape any strategic decisions.
Internal Complaints Procedures
It is this company’s resolve to provide a first-class standard of service. However, if a complaint is received, it must be appropriately and fairly investigated to the mutual satisfaction of the parties involved.
Clients must be handled with courtesy at all times even if their complaint appears to be unjustified. An atmosphere should be encouraged in which complaints and problems are actively communicated within the Company without fear of reprisals or judgement. Complaints that are satisfactorily and promptly resolved will often help to strengthen a relationship.
Staff must follow this complaints procedure, which adheres to the requirements of the FSA. Whilst these requirements apply only to “eligible” complainants (private individuals and businesses with a turnover of less than £1million) the company adopts these procedures for all complainants. Eligible complainants may refer a complaint to the Financial Ombudsman Service (FOS), Alternative Dispute Resolution provider or local Citizen’s advice Bureau or Trading Standards if they are not satisfied with our response and this information must be advised to them as part of handling the complaint. It is necessary to keep written records of all complaints whether oral or written.
What is a complaint?
There is no concrete definition of what constitutes a complaint. However, any situation that involves some allegation that the client has sustained financial loss, distress or material inconvenience should be regarded as a complaint. In the event of doubt the allegation should be treated as a complaint.
In addition, any verbal or written complaint which indicates that the customer is dissatisfied with some aspect of the company services should be treated as a complaint.
Procedures to be followed should a complaint arise.
Receipt of a complaint must be notified to The Manager.
A decision must be taken by the Manager, taking advice from others as appropriate, as to who will handle the complaint depending upon its nature and the relationships involved.
Details of the complaint must be entered into the Complaints Log file. A hard copy of the Complaints Log schedule is to be used to monitor the complaint and is filed on the Client File.
A copy of the Complaint Procedures must be sent to all complainants (unless the complaint is resolved by the close of business the next day) or a request for a copy of the Procedures is made.
All complaints must be acknowledged in writing within 7 working days of receipt. This acknowledgement must include a copy of the Complaint Procedures and advise the client of the identity of the person handling the complaint and when a response can be expected.
The staff member handling the complaint must make diary notes at all necessary intervals so as to ensure that all required actions are taken in a timely fashion. The individual complaints records must be kept up to date and record all developments. The client should be updated on the current status of processing the complaint at any stage if the staff member judges it to be helpful and appropriate.
Within four weeks of the initial receipt of the complaint and unless resolved previously, a further written response must be sent to the complainant.
This response must involve either: -
A final response and informing the complainant (if appropriate) that he may refer the complaint to the Financial Ombudsman Service (and enclose a copy of the Financial Ombudsman Service explanatory leaflet) if he is dissatisfied with the response and he must do so within six months; or
A holding response, which explains why it is not yet in a position to resolve the complaint and indicates when the Company will make further contact (which must be within eight weeks of receipt of the complaint). or
Alternative Dispute Resolution provider giving contact details.
Within eight weeks of initial receipt of the complaint unless resolved previously, a written response must be made to the complainant with:
a final response and informing the complainant (if appropriate) that he may refer the complaint to the Financial Ombudsman Service (and enclose a copy of the Financial Ombudsman Service explanatory leaflet) if he is dissatisfied with the response and he must do so within six months; or
a response which explains that the Company is still not in a position to make a final response, gives reasons for the further delay and indicates when it expects to be able to provide a final response. It also must inform the complainant (if appropriate) that he may refer the complaint to the Financial Ombudsman Service if he is dissatisfied with the delay and enclose a copy of the Financial Ombudsman Service’s explanatory leaflet.
A final response informing the complainant that he may refer to a suitable ADR Provider or
The customer is referred to local Citizens Advice Bureau/Trading Standards
Vulnerable Consumers Policy
The purpose of this policy is to ensure that the operations of access commercials uk Ltd do not have any negative impact upon vulnerable consumers. For the purposes of this policy vulnerable consumers are customers and prospective customers whose ability or circumstances require us to take extra precautions in the way that we sell and provide our services in order to ensure that they are not disadvantaged in any way.
Identifying a vulnerable customer
When engaging with customers over the phone it is often difficult to identify a vulnerable consumer because it is not possible to see many of the characteristics, such as body language and facial expressions, which may identify whether the prospective customer requires additional information and guidance to enable them to make an informed decision. For this reason, it is critically important to listen carefully to all customers and to identify people who may be classed as a vulnerable consumer.
Typical telephone characteristics include:
- An inability to hear or understand what is being said- Repeated questions of a similar nature
- Comments or answers which are inconsistent with the telephone discussion, or which indicate they have not understood the information which has been provided.
- Verbal confirmation that they don’t understand or that they require the assistance of somebody else in deciding.
- Comments or answers which are inconsistent with the telephone discussion, or which indicate they have not understood the information which has been provided.
- Verbal confirmation that they don’t understand or that they require the assistance of somebody else in deciding.
When assisting with signing up consumers we regularly engage with customers face to face. When doing this the same characteristics are likely to be evident, but body language and facial expressions may also assist in identifying the vulnerability.
What to do if we are engaging with a vulnerable consumer
Just because somebody is vulnerable does not automatically mean that they are unsuitable for the products and services the firm supplies. As soon we think we may be engaging with a vulnerable consumer we should immediately make a record of the same and ensure we adhere to this policy.
When speaking to the vulnerable consumer we:
- Provide additional opportunities for the customer to ask questions about the information we have provided.
- Continuously seek confirmation that they have understood the information that has been provided.
- Ask if there is anybody with them who is able to assist them, and offer them the opportunity to have a family member or friend present during the conversation
- Offer them the opportunity to complete the transaction after a period of further consideration.
If for any reason, we think the customer does not understand the service which is being offered to them we will not proceed with the transaction and advise them that we will write to them with further information about the product or services they are seeking.
What is mental capacity?
Mental capacity is a person's ability to decide. Whether or not a person has the ability to understand, remember, and weigh-up relevant information will determine whether he is able to decide based on that information. The person will also need to be able to communicate his decision.
The mental capacity of a person may be limited in a way which prevents him from being able to make certain decisions because of an impairment of, or disturbance in the functioning of, his mind or brain.
Mental capacity is always defined in relation to a specific decision at a specific time.
Consequently, when considering an application for a product, or change in product factors, we should take account of the customer's circumstances at the time at which the application or request is made.
We should take appropriate steps to identify whether or not the customer appears able to understand, remember, and weigh-up the information and explanations provided to them, and, when having done so, make an informed decision.
Mental capacity limitations can be either permanent or temporary (or be fluctuating over time).
Consequently, the fact that a person may not have had the mental capacity to make a particular type of decision in the past, does not necessarily mean that they currently do not have, or will never have, the capacity to make such a decision.
Under such circumstances the person concerned is likely to be able to make certain decisions but not others. Decisions that may require the understanding, remembering and weighing-up of relatively complex information, are likely to be more challenging for many individuals with mental capacity limitations than more straightforward spending decisions.
Amongst the most common potential causes of mental capacity limitations are the following (this is a non-exhaustive list):
• mental health condition
• learning disability
• developmental disorder
• alcohol or drug (including prescribed drugs) induced intoxication.
A customer may be understood to have, or suspected of having, any of these (or other) conditions which are potential causes of mental capacity limitation (for example, a mental health condition) - but that does not necessarily mean that they do not have the mental capacity to make an informed decision.
In some instances, it may constitute disability discrimination for the purposes of the Equality Act 2010 (EA) to decline a customer's application for a product on a presumption that he doesn't have the mental capacity to make a particular decision based solely on the knowledge that he has a condition of the type listed above.
Mental capacity is not the same as financial literacy although, in practice, it may often be difficult for us to differentiate a limitation of one from a limitation of the other. In terms of a limitation of mental capacity, the customer has some impairment of mind or brain function. There are only likely to be limited circumstances in which the firm will have substantive evidence that a customer has such an impairment and, in the absence of such evidence, can reasonably be expected to (proactively seek to) establish whether or not a customer has such an impairment of mind or brain function.
In the alternative, a limitation in financial literacy is likely to result from inadequate financial education rendering a customer unable to, or feeling insufficiently empowered to, manage his finances, engage confidently with firms, and make informed financial decisions.
Those with limitations in financial literacy and those with limitations in mental capacity can both be classified as groups of actual or potentially 'vulnerable customers' by virtue of their respective limitations. Given that customers with either form of limitation (or both forms) might have difficulty making informed decisions - rather than taking steps with a view to seeking to differentiate between the two categories of persons we will apply this vulnerable consumer’s policy in both circumstances.
While acknowledging that there are limits that we can reasonably be expected to go to in seeking to form a view as to whether or not a customer has, or may have, some form of capacity limitation, it is good practice in literature provided to customers prior to providing a product or service to invite customers to disclose (on a voluntary basis) whether there are any issues relating to their health or general well-being which may be relevant to the consideration of any product or decision by the firm.
Any such invitation should make very clear that the only purpose such information would be used for would be to better facilitate an informed service being provided.
If a customer provides information which indicates that he does, or may, have some form of mental capacity limitation that might impact on his ability to make an informed decision, this should not lead to him automatically being denied access to the product or service being sought.
It should act as a trigger for us to consider what reasonable steps might be taken in order to amend our ordinary processes to ensure that the customer is treated fairly and a positive outcome result for the customer.
Any customer we identify as vulnerable and is looking to purchase the vehicle via a finance company we will notify the finance company with any concerns prior to payout.
Data controller and contact information.
Data Protection Officer
Access Commercials (UK) Ltd
Felly Farm Lincolns Lane South Weald Essex CM14 5RS
01277 373 737 firstname.lastname@example.org
Purposes and lawful basis for processing personal data
We may collect, process and use your personal data in the course of supplying vehicles, goods and services to you and to manage our relationship with you, in the following ways:
Processed under the lawful basis of Contract:
When you enquire about or purchase a vehicle, goods or services from us, we will collect personal information to enable us to respond to your enquiry and to process and complete your purchase.
When you enquire about purchasing a vehicle on finance, we will collect information to enable third parties to provide finance quotes and agreements.
We collect personal information from you when you apply for a job with us to enable us to contact you and process your application.
Processed under the lawful basis of Legal Obligation:
We collect and process your personal information for producing invoices and accounting purposes which is required to meet HMRC legislation.
We collect personal information from employees to enable us to meet employment law obligations.
Processed under the lawful basis of Consent:
If you have given consent to receive marketing communications from us, we will collect information concerning your marketing preferences and send you communications based on those preferences.
Who we share your personal data with
We do not share your data with any other third parties except:
if you have given your consent.
if it is necessary to enable the provision of third party services you have requested (for example to facilitate warranty, insurance or finance quotes or agreements).
if we are under a duty to comply with any legal obligation.
Third party recipients of your data
Data processors are third parties who provide elements of our business management services for us, who process or store personal data on our behalf. The categories of these recipients are accounting, marketing, software, and website providers.
We have contracts in place with our data processors to ensure they are looking after your data to GDPR standards, which means they cannot use, share or do anything with your personal data unless we have instructed them to do so.
Any documents which arrive with a vehicle when it is taken into stock may be shown to any potential buyers and handed to any new owner to ensure the provenance of the vehicle.
Unless otherwise listed below, your personal data will be kept for a period of 7 years in order to comply with HMRC requirements.
Personal data processed under consent will be kept for as long as you consent to its processing. We will seek to refresh your consent at appropriate intervals.
Your rights in regard to your personal data
You have a number of rights in regard to your personal data. These include the right to request access to, rectification or erasure of personal data we hold, or restriction of processing concerning your data, or to object to the processing as well as the right of data portability. If you wish to make any such requests please contact us in writing using the contact details at the top of this page.
Right to withdraw consent
Where we have processed your personal data on the lawful basis of consent, you have the right to withdraw this consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
Right to complain
If you have any concerns about how we have handled your personal data, please contact us so we may address them.
You also have the right to lodge a complaint with the supervisory authority, the Information Commissioner's Office, about how we manage your data.
Provision of data
In most cases, the provision of your personal data is necessary to enter into a contract with us.
Changes to this policy
We will regularly review this privacy notice and update it where necessary. This policy was last updated in Jan 2023
14 Lyon Road, Congress House, 2nd Floor, Harrow, Middlesex, England, HA1 2EN