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Last updated: 13/08/2024
This Privacy Policy explains and governs: how, when, what and whose personal data we collect; how and why we use your personal data; and your privacy rights in general, including how to control your personal data and how you are protected under data protection law. We commit to protect your data and keep it safe and secure at all times.
This Privacy Policy applies to personal data that we collect through the Penny (www.pennyfreedom.co.uk) and gigzzee(www.gigzzee.com ) ("Website") and when you contact us through other mediums, such as by telephone or email. This Privacy Policy will be updated from time to time to comply with the applicable laws and regulations and to meet our changing business requirements. You are advised to periodically review this Privacy Policy for the latest amendments. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.
If you have any queries/comments on this Privacy Policy, you can contact us (including our Data Protection Officer) using the details at the bottom of the Privacy Policy.
We recommend that you read this Privacy Policy in full to ensure you are fully informed. However, if you only want to access a particular section of this Privacy Policy, then you can click on the relevant link below to jump to that section.
We offer selective invoice finance to small and medium enterprises including to drivers of delivery service partners in the United Kingdom. Penny Limited (ZA553117) trading as Penny freedom and gigzzee is the data controller for the personal data collected through the individual website and other mediums (hereinafter referred to as “gigzzee”, "Penny", “we” or “us”) and may share your personal data with third parties as mentioned below. The term “Debtor” will be used to define the entity or individuals purchasing the services from the applicant.
Under applicable data protection laws, we are authorised to use your personal data only if we have an appropriate reason for doing so and this will depend on the personal data concerned and specific context in which we collect it. Generally, this is likely to be based on one or more of the following:
We will rely on legitimate interest only where we (or a third party) have a business or commercial reason to use your personal data. We have set out below examples of when and for what purpose we rely on our (or a third party's) legitimate interest as a basis to process your personal data. We also set out any other legal basis we rely upon in relation to that particular processing.
| Purpose for which your personal data is used. | Our/a third party's legitimate Interests | The legal basis/bases we rely on |
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| Managing and maintaining of our ongoing relationship with your business. | Updating our records, developing new products and services, working on new pricing and providing you with updates on it. |
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| Performance of our marketing functions, including sending customers marketing materials. | Where we have a legitimate interest in sending your business marketing material, such as in order to provide you with information on new products or services. |
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| Efficient management of the business including day to day operations, corporate governance and audit. |
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| To exercise our rights set out in agreements or contracts. | Fulfilling contractual obligations. | |
| To process biometric data (facial recognition and voice recognition) as part of identity check conducted by a third party. |
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During your interaction with us, we collect different kinds of personal data on you, your business and your linked associates. Below is a list of all the different types of information we collect:
| Personal data | Description |
|---|---|
| Financial Information | The financial position of your business, (i) your personal position, credit status and history (ii) credit history of any linked financial associates i.e person with whom may have or had a joint personal financial arrangement such as joint accounts or have made joint credit applications which may be your spouse or partner (not a business partner). We may check the records, including the credit details of other individuals acting as personal guarantors to the invoice facility. (iii) if the applicant is a limited company, the credit history and status of each director and shareholder and their financial associates. (iv) if the applicant is a sole trader or a partnership, driver of a delivery service provider, the credit history of the sole trader or each partner or each driver and their financial associates. (v) Where relevant the Debtor’s financial information, the credit history and status of each director and shareholder and their financial associates. (vi) the credit history of a person who has or may give a warranty, guarantee or indemnity in respect of the obligations of a Debtor under a Supply Contract. The financial information we may access through our trusted partner or submitted directly by yourself will cover your business data, customer data, supplier data, invoice (sales invoice) data, bill (purchase invoice) data, credit note data, payments data, profit & loss data, balance sheet. This will also cover no of collections, no of drops, mileage covered, hours worked and routes as stated on the submitted timesheets. |
| Contact Details | The registered and trading address of your business, personal and business phone number supplied and email address of applicants, directors, partners, shareholders, linked associates, Debtors and ownership status. |
| Profile and usage data | This includes the member area that we set up when your invoice facility application is successful and the profile you create to identify yourself when you connect to our internet services. It also includes other data about how you use those services. We gather this data from devices you use to connect to those services, such as computers and mobile phones, using cookies and other internet tracking software (see below section on "Cookies"). |
| Transactional Details | Details about payments to and from your bank account, bank statements you submit to us through our portal or our trusted partner. All Invoice facility made by us and all payments made by the business and yourself to us. Management Information or additional information you provide on your business. This also include bank account details of the Debtor. |
| Products and services | Information on the financial products and services we have provided to you, e.g. amount in relation to the invoice facility, purpose and term. |
| Location | Location and device data from which you are applying for the invoice facility, i.e. your phone, the IP address on connecting to your internet, the operating system and the browser type. |
| Technical | Details on the devices and technology you use to apply for the invoice facility with us, browse our Website and manage your account. |
| Communications | Includes all exchanges between yourself and us including letters, emails, face-to-face interactions and telephone conversations (included by way of recorded calls). |
| Public Records | Details about your business, yourself, your financial associates; details about you that are in public records such as companies house, electoral register; and information about you that is openly available on the internet. |
| Identification and Verification data | Details about you that are stored in documents in different formats, or copies of them. This could include documents such as your passport, drivers licence, utility bills or other verification of residential address or date of birth and may extend to other directors, shareholders and partners and their linked financial associates, including where applicable the Debtors. |
| Consents | Any permissions, consents or marketing preferences that you provide to us. |
We may collect personal data about you and your business when you are:
In addition to the above, we can also access your personal data from a number of third parties we work with such as third party brokers, affiliates and other third-party introducers that introduce you to us, credit reference agencies (CRAs), comparison websites, social networks such as Facebook, Twitter and LinkedIn, Land Registry, property search engines, Companies House and Creditsafe, debt recovery agents, external solicitors for invoice facility arrangement and debt recovery, market research agents, and law enforcement agencies.
We may need to collect personal information by law, or under the terms of a contract we have with you. If you choose not to give us this personal data, it may delay or prevent us from meeting our obligations. It may also mean that we cannot perform services needed to run your accounts. It could mean that we cancel a product or service you have with us. Any data collection that is optional would be made clear at the point of collection.
We may disclose your personal data to third parties. We will take all the necessary steps required to ensure that any transfer and ongoing processing by those third parties is carried out securely and in accordance with applicable data protection regulation and privacy laws. Examples of the third parties we share your information with are as follows:
We may carry out credit and identity checks with at least two CRAs when you apply for an invoice facility for your business.
On submitting the application, you agree that you have the full consent of all parties and any linked “financial associates” i.e. a person with whom you may have had or have a joint personal financial arrangement such as joint accounts or have made joint credit applications which may be your spouse or partner, or civil partner. The consent will also cover credit checks on the Debtor where relevant.
If the applicant is a sole trader, general partner, driver of the delivery service provider, we may check any financial associate. If the application is for a business partnership, we may check each partner and their financial associates and where the application is for a limited company, we may check each director, shareholder and their financial associates. The credit file of all personal guarantors may also be checked.
The following information will be shared with the CRAs:
CRAs will provide us with the financial situation and credit history information on the business and the relevant individuals, including their linked financial associates. Public information from the electoral register, Companies House, county court judgments, bankruptcies and fraud prevention/anti money laundering information will also be provided.
Information from the CRAs will help us conduct the following:
When you enter into an invoice facility with us, we will give details of your accounts and how you manage it to CRAs. We will continue to share your personal data with CRAs if you are our customer, and these will include information on your invoice facility, current balance and repayment history.
The above information may be shared by the CRAs with other lenders who may want to check your credit status and that of your business.
Searches we undertake on your credit file will leave a footprint and may impact your credit file. In most cases, the footprint left will be a director search. All the footprints may be seen by other lenders.
Where you are making an application with someone else or you tell us you have a spouse, partner or civil partner or that you are in business with other partners or directors, we link and search information about you and your associates at the CRAs.
CRAs will also link your records together and these links will remain on your credit files until you or financial associate provides proof to the CRAs that you are no longer financially linked.
You can contact the CRAs currently operating in the UK in order to check the information they hold about you. The information they hold may not be the same, so it is worth contacting them all. Below are links to the Credit Reference Agency Information Notice which provide information about them, the data they hold, how it is shared and your data protection rights.
Where we suspect fraud or money laundering, we and the CRA may share your personal data with law enforcement agencies.
As far as fraud and money laundering prevention is concerned, we shall keep your data for as long as we exist, provided this is in accordance with applicable laws. However, the CRAs may keep them for a different length of time.
We may submit the information you provide to us through our automated system that will identify fraud patterns and indicate unusual activities for you and your business. Either of these could indicate a possible risk of fraud or money-laundering and where that is the case, we will reject your application and report it to the National Crime Agency accordingly. We and the CRAs may keep a record of the risk you or your business pose to our business.
In the event, your business does not satisfy our criteria and we cannot provide an invoice facility to you, we may where you have consented to it, pass your personal details such as your name, email address, contact details, credit application to third party lenders and brokers who may assist you in obtaining credit. You will be contacted directly by them to discuss your credit application. We will also pass the credit data of your business, the directors and personal guarantors to our trusted partners who we have outsourced certain activities to.
We may make automated decisions (including profiling) based on personal data we hold about your business, yourself, directors, shareholders, personal guarantors and any linked associates. Automated decisions assist us in making decisions which can affect the products, services and pricing and these decisions may legally affect you or similarly significantly affect you.
Automated decisions mean that a decision concerning you is made automatically on the basis of a computer determination (using software algorithms), without our human review. Examples of automated decisions are as follows.
(i) Approving Credit
We use an automated system to run your application through our initial lending criteria to determine if we are able to provide funding to your business. Your application will either be accepted or rejected based on the criteria set by ourselves. We also use credit data to assess the creditworthiness of your business and the likelihood you will pay back any money you borrow. This includes data about your credit history and that of your business. In addition to the credit score of the directors and that of the business, we may also consider additional information including other financial information to be able to reach an overall decision to lend.
(ii) Statistical Analysis
We may carry out periodic statistical analysis or testing to ensure the accuracy of existing and future products and services. To that effect, we may place you in segments to understand our customers’ needs and manage our relationships with them.
(iii) Prevention of Money Laundering
We may use personal data to (i) verify your identity, the directors, partners, shareholders, personal guarantors and that of your financial associates including the Debtors (ii) undertake checks for the prevention and detection of crime, fraud and/or money laundering (iii) identify if your personal or business information have been used for fraud or money laundering purposes and where we believe that there is such a risk, we will report our suspicion to the National Crime Agency as required by law (iv) process your biometric (facial recognition and voice recognition) data through a third party provider to enable us to verify your identity.
(iv) Pricing
We may decide what to charge for our products and services based on credit risk data analytics.
Your rights over automated decision
We have implemented measures to safeguard the rights and interests of individuals whose personal data is subject to automated decision-making, including our initial criteria checks and credit reference checks.
Under applicable privacy laws, you have rights to request that our initial decision to accept or reject your application is not based on the automated decision only or you can object to the latter or request for the decision to be reviewed.
Please contact us on : hello@pennyfreedom.co.uk if you wish to have more information about these rights.
We may transfer your personal data to countries outside the UK. These countries may have different privacy laws to those in the UK.
Specifically, we may transfer your data to other countries, including those outside the European Economic Area, either for storage and back up purposes or if we engage suppliers, sub-contractors or third-party data processors who are based or have operations overseas.
We will always take steps to ensure that your information is protected and that those transfers comply with applicable data protection laws. This includes putting in place the European Commission's Standard Contractual Clauses, where Binding Corporate Rules are in place, or where a company receiving the data in the USA is certified under the EU-US Privacy Shield
This means that your data will be processed and protected under the same standards as imposed by data protection laws within the UK.
As part of our marketing strategy, we may use your personal data to analyse which products, services and offers may be relevant for you.
You can ask us to stop sending you marketing messages by updating your marketing preferences by logging into your member’s area or simply by emailing us on hello@pennyfreedom.co.uk. However, you will still receive mandatory and key service communications such as any changes to your existing products and services with us.
We may ask you to confirm or update your choices, if you take out any new products or services with us in future. We will also ask you to do this if there are changes in the law, regulation, or the structure of our business.
We use appropriate technical and organisational measures to protect the personal data that we collect and process about you. The measures we use, including high level encryption are designed to provide a level of security appropriate to the risk of processing your personal data. Our core web systems are designed and developed in-house, using a hierarchical permission structure which restricts each user’s access to reports and customer records based on the requirements of both their department and their level of seniority.
We retain personal data we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with the service you have requested or to comply with applicable legal, tax or accounting requirements).
Where you have made a full application, we will keep your personal data for up to 6 years after your account is closed. If for any technical, regulatory, legal reasons or research and statistical purposes we are unable to delete or anonymise your personal data, we may keep it longer than 6 years but will ensure your privacy rights are always protected and that deletion takes place when possible. For incomplete applications, personal data will be deleted after 6 months.
You have the right to:
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
Please let us know if you have any questions, concerns or are unhappy with how we have used your personal data. You can email us or our Data Protection Officer on vaida@pennyfreedom.co.uk write to us at Archibald House, 50-56 Wykes Bishop Street, Ipswich, England, IP3 0DT.
For your convenience, hyperlinks may be posted on the Website that link to other websites (the “Linked Sites”). We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of any Linked Sites or of any complaints that we do not own or control. Linked Sites may collect information in addition to those we collect on our Website and therefore we do not endorse any of these Linked Sites nor the services or products described or offered on such Linked Sites, or any of the content contained on the Linked Sites. We encourage you to seek out and read the Privacy Policy of each Linked Site that you visit to understand how the information that is collected about you is used and protected.
Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve my products and services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
By using Our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. For more details, please refer to the table below. These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.
All Cookies used by and on Our Site are used in accordance with current Cookie Law.
Before Cookies are placed on your computer or device, you will be shown a prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.
Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown in the table below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
The following third-party Cookies may be placed on your computer or device:
Provide Support Webchat
Cookie Name: vsid
Expiration Time: End of Browser Session
Description: Used to distinguish sessions
Google Analytics
Cookie Name: __utma
Expiration Time: 2 years from date set
Description: Used to distinguish users and sessions
Cookie Name: __utmb
Expiration Time: 30 minutes from date set
Description: Used to determine new sessions/visits
Cookie Name: __utmc
Expiration Time: End of Browser Session
Description: Works in tandem with __utmb and registers the precise exit time of the user
Cookie Name: __utmz
Expiration Time: 6 months from date set
Description: Stores the traffic source or campaign that explains how the user reached the site
Cookie Name: __utmv
Expiration Time: 2 years from date set
Description: Used to store visitor-level custom variable data and segmentation
We use Referral Hero as a 3rd party service to support waiting list registration.
Analytics
The services contained in this section enable the Owner to monitor and analyse web traffic and can be used to keep track of User behaviour.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
Place of processing: US
MixPanel (MixPanel)
MixPanel is an analytics service provided by Mixpanel Inc.
Personal Data collected: Cookies and Usage Data.
Place of processing: US
Displaying content from external platforms
This type of service allows you to view content hosted on external platforms directly from the pages of this Application and interact with them. This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.
Headway widget (Oskar Krawczyk/Piotr Zalewa)
Headway widget is a content visualization service provided by Headway and Oskar Krawczyk/Piotr Zalewa.
Personal Data collected: Cookies and Usage Data.
Place of processing: Poland
Managing contacts and sending messages
This type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.
These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.
SendinBlue Email (SendinBlue SAS)
SendinBlue is an email address management and message sending service provided by SendinBlue SAS.
Personal Data collected: Cookies, email address and Usage Data.
Place of processing: France
SPAM Protection
This type of service analyses the traffic of this Application, potentially containing Users’ Personal Data, with the purpose of filtering it from parts of traffic, messages and content that are recognized as SPAM.
Google reCAPTCHA (Google Inc.)
Google reCAPTCHA is a SPAM protection service provided by Google Inc.
The use of reCAPTCHA is subject to the Google privacy policy and terms of use.
Personal Data collected: Cookies and Usage Data.
Place of processing: US
Tag Management
This type of service helps the Owner to manage the tags or scripts needed on this Application in a centralized fashion.
This results in the Users’ Data flowing through these services, potentially resulting in the retention of this Data.
Google Tag Manager (Google LLC)
Google Tag Manager is a tag management service provided by Google LLC.
Personal Data collected: Cookies and Usage Data.
Place of processing: US – Privacy Policy.
Cloudflare (Cloudflare)
Cloudflare is a traffic optimization and distribution service provided by Cloudflare Inc.The way Cloudflare is integrated means that it filters all the traffic through this Application, i.e., communication between this Application and the User’s browser, while also allowing analytical data from this Application to be collected.
Personal Data collected: Cookies and various types of Data as specified in the privacy policy of the service.
Place of processing: US
Our Site uses analytics services provided by Google Analytics Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how Our Site is used. This, in turn, enables us to improve Our Site and the products and services offered through it.
The analytics service(s) used by Our Site use(s) Cookies to gather the required information. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable us to continually improve Our Site, making it a better and more useful experience for you.
The analytics service(s) used by Our Site use(s) the following Cookies:
Cookie Name: __utma
Expiration Time: 2 years from date set
Description: Used to distinguish users and sessions
Cookie Name: __utmb
Expiration Time: 30 minutes from date set
Description: Used to determine new sessions/visits
Cookie Name: __utmc
Expiration Time: End of Browser Session
Description: Works in tandem with __utmb and registers the precise exit time of the user
Cookie Name: __utmz
Expiration Time: 6 months from date set
Description: Stores the traffic source or campaign that explains how the user reached the site
Cookie Name: __utmv
Expiration Time: 2 years from date set
Description: Used to store visitor-level custom variable data and segmentation
In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
Background:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use these websites, www.pennyfreedom.co.uk and www.gigzzee.com (“Our sites”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our sites. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our sites immediately.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our sites; and
“We/Us/Our” means Penny Limited and/or Penny Limited trading as Penny Freedom or gigzzee, a company registered in England under 11972051, whose registered address is Archibald House, 50-56 Wykes Bishop Street, Ipswich, England, IP3 0DT.
2. Access to Our sites
2.1 Access to Our sites is free of charge.
2.2 It is your responsibility to make any and all arrangements necessary in order to access Our sites.
2.3 Access to Our sites is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our sites (or any part of it) at any time and without notice. We will not be liable to you in any way if Our sites (or any part of it) is unavailable at any time and for any period.
3. Intellectual Property Rights
3.1 All Content included on Our sites and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
3.2 Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our sites unless given express written permission to do so by Us.
3.3 You may:
3.3.1 Access, view and use Our sites in a web browser (including any web browsing capability built into other types of software or app);
3.3.2 Download Our sites (or any part of it) for caching;
3.3.3 Print pages from Our sites;
3.3.4 Download extracts from pages on Our sites; and
3.3.5 Save pages from Our sites for later and/or offline viewing.
3.4 Our status as the owner and author of the Content on Our sites (or that of identified licensors, as appropriate) must always be acknowledged.
3.5 You may not use any Content saved or downloaded from Our sites for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our sites for general information purposes whether by business users or consumers.
3.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
4. Links to Our sites
4.2 You may not link to any page other than the homepage of Our sites, www.pennyfreedom.co.uk and www.gigzzee.com . Deep-linking to other pages requires Our express written permission.
4.3 You may not link to Our sites from any other site the main content of which contains material that:
4.3.1 is sexually explicit;
4.3.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
4.3.3 promotes violence;
4.3.4 promotes or assists in any form of unlawful activity;
4.3.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
4.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
4.3.7 is calculated or is otherwise likely to deceive another person;
4.3.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
4.3.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
4.3.10 implies any form of affiliation with Us where none exists;
4.3.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
4.3.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
4.4 You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
5. Links to Other Sites
Links to other sites may be included on Our sites. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our sites is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
6. Disclaimers
6.1 Nothing on Our sites constitutes advice on which you should rely. It is provided for general information purposes only.
6.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our sites will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
6.3 We make reasonable efforts to ensure that the Content on Our sites are complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
7. Our Liability
7.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our sites or the use of or reliance upon any Content included on Our sites.
7.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our sites or any Content included on Our sites.
7.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
7.4 We exercise all reasonable skill and care to ensure that Our sites are free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our sites (including the downloading of any Content from it) or any other site referred to on Our sites.
7.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our sites resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
7.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
8. Viruses, Malware and Security
8.1 We exercise all reasonable skill and care to ensure that Our sites is secure and free from viruses and other malware.
8.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
8.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our sites.
8.4 You must not attempt to gain unauthorised access to any part of Our sites, the server on which Our sites is stored, or any other server, computer, or database connected to Our sites.
8.5 You must not attack Our sites by means of a denial of service attack, a distributed denial of service attack, or by any other means.
8.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our sites will cease immediately in the event of such a breach.
9. Acceptable Usage Policy
9.1 You may only use Our sites in a manner that is lawful. Specifically:
9.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
9.1.2 you must not use Our sites in any way, or for any purpose, that is unlawful or fraudulent;
9.1.3 you must not use Our sites to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
9.1.4 you must not use Our sites in any way, or for any purpose, that is intended to harm any person or persons in any way.
9.2 We reserve the right to suspend or terminate your access to Our sites if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
9.2.1 suspend, whether temporarily or permanently, your right to access Our sites;
9.2.2 issue you with a written warning;
9.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
9.2.4 take further legal action against you as appropriate;
9.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
9.2.6 any other actions which We deem reasonably appropriate (and lawful).
9.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions
10. Privacy and Cookies
Use of Our sites are also governed by Our Cookie and Privacy Policies, available from https://www.pennyfreedom.co.uk/privacy-policy. This policy is incorporated into these Terms and Conditions by this reference.
11. Changes to these Terms and Conditions
11.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our sites after the changes have been implemented. You are therefore advised to check this page from time to time.
11.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
12. Contacting Us
To contact Us, please email Us at hello@pennyfreedom.co.uk or using any of the methods provided on Our contact pages at https://www.pennyfreedom.co.uk/contact
13. Communications from Us
13.1 If We have your contact details, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
13.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 28 days for Us to comply with your request. During that time, you may continue to receive emails from Us.
13.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@pennyfreedom.co.uk or via https://www.pennyfreedom.co.uk/contact
14. Data Protection
14.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
14.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://www.pennyfreedom.co.uk/privacy-policy
15. Law and Jurisdiction
15.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
15.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
15.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
15.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
1. Selling of Debts
1.1 Upon signing the Agreement you will be able to use the ‘Penny’ or ‘gigzzee’ portal to notify us that you wish us to purchase a Debt. If we choose to purchase the Debt, we will within approximately 1 Working Day pay you in full and final settlement the agreed amount as described in condition 3.2.
1.2 We will not make a payment unless we are satisfied the Goods and Services have been delivered to the satisfaction of the Debtor and the Debtor will not withhold any payment of the Debt. You will promptly provide all information and documents regarding the Debts as we require.
1.3 You are not aware of any Adverse Event having occurred with the Customer within the previous 3 calendar months.
2. Ownership of Debts
2.1 We shall own a Debt as soon as it is purchased via the ‘Penny’ or ‘gigzzee’ portal. If we ask, you will promptly provide a formal written assignment of any Debt and its Related Rights.
2.2 If the ownership of any Debt shall fail to be transferred effectively to us you will hold that Debt (and its proceeds) in trust for us and separately from your own property and, upon their receipt, you shall immediately pay the proceeds to us.
3. Accounts and Payments to You
3.1 The Purchase Price of each Debt shall be an amount equivalent to the amount we receive from the Customer in payment of the Debt less our Charges.
3.2 We will make the payment of the Purchase Price to the bank account nominated by you in the ‘Penny’ or ‘gigzzee’ portal. You will be able to access your transactional history by using the ‘Penny’ or ‘gigzzee’ portal, but we may at any time alter, suspend, or withdraw such access without notice or liability.
3.3 Upon its notification to us:
3.3.1 we will provide you with a quote of our charges to purchase the Debt at its notified value. If our quote is accepted and you enter a contract with us to purchase the Debt, we will seek to validate the Debt with the Debtor within the timescale set out in condition 1.1; and
3.3.2 subject to validation of the Debt by us, we shall make a payment of the Purchase Price in respect of such Debt.
3.4 We shall not be obliged to make any payment to you if we become entitled under condition 9 to withhold payments to you.
3.5 You will not at any time seek to set off any money you owe to us against any money we may owe to you.
3.6 Any sums due to us upon repurchase of Debts by you may be off-set against any and all sums due from you to us under the Agreement.
4. Payment of our Service Charge
4.1 You will pay to us (or we may deduct the same from any payment to be made to you at any time) the Service Charge together with any other amounts due by you to us and which are included in your Obligations.
4.2 All Charges are quoted inclusive of Value Added Tax, where applicable.
5. Sales Ledger Administration and Collection of Debts
5.1 You will not attempt to collect any Debt unless we ask you to. We have the sole right to enforce payment of any Debt and its Related Rights.
5.2 Your single invoice finance facility is disclosed to your Customers and each of your invoices must be raised on the ‘Penny’ or ‘gigzzee’ portal and contain a notice of assignment in terms approved by us.
5.3 All payments received from your Customers in part or full payment of any Debt must be paid to us or to a bank account as identified by us, and pending such payment held in trust for us and kept separate from your own monies.
5.4 Notwithstanding condition 5.1 above we may appoint you as our agent in relation to any Debt in order to (i) render statements of accounts or demand letters, (ii) procure the collection of such Debts, and (iii) manage the realisation of any Related Right for our benefit.
5.5 As soon as you are aware of any dispute regarding any Debt you will tell us all about it and attempt to resolve it. If this is unsuccessful, we may elect to resolve it, and you will accept the outcome including any reduced Purchase Price.
5.6 You will not issue any Credit Note without first discussing it with us.
6. Warranties and Undertakings
6.1 You warrant that every Debt notified to us (i) will be accepted by the Customer as a legally binding obligation and paid without deduction or set-off and (ii) is free from any charges or other adverse rights or interest.
6.2 You warrant that, in respect of each Debt, you have no obligations to the Customer other than under the Contract of Sale giving rise to the Debt and you have no agreement with the Customer, whether under the Contract of Sale or otherwise, whereby the amount of the Debt may be reduced.
6.3 You warrant that, in relation to any Personal Data that you may pass on to us concerning any living individual who is, without limitation, a Customer, shareholder, director or employee, you have strictly complied and will, until the termination of this Agreement and the discharge of your Obligations, strictly comply with, the provisions of all relevant Data Protection Laws.
6.4 Each of your warranties in conditions 6.1 and 6.2 shall be deemed repeated each time you sell any Debt to us.
6.5 You undertake:
6.5.1 not to vary or attempt to vary any Contract of Sale giving rise to any Debt purchased by us after it has been notified to us;
6.5.2 to keep proper books and records of account and to make appropriate entries in them to show the sale to us of the Debts;
6.5.3 promptly to supply to us such financial or other information relating to your business as we may from time-to-time request;
6.5.4 promptly to pay all taxes, insurance, carriage, and freight charges for which you are liable in relation to any Debt or the Contract of Sale giving rise to it;
6.5.5 not to assign or create any charge over any of your rights or benefits under the Agreement, or any of the Debts.
6.5.6 promptly to deliver to us a copy of every credit note issued in connection with any Debt notified to us;
6.5.7 to indemnify us against all losses costs claims charges interest and expenses incurred by us at any time and arising from or in any way connected with (i) our entering into or registering, enforcing, exercising or protecting our rights under the Agreement (ii) enforcing or attempting to enforce payment of any Debt or settling or compromising any dispute with or claim by a Customer or any other person in relation to any Debt (whether such action is taken by us or by you as our agent) (iii) the securing by us of any release of any Debt from any trust charge or other encumbrance (iv) any indemnity which we may be required to give to our bankers in connection with the collection on our behalf of any cheque or other instrument made payable to you (v) any breach by you of any of your Obligations;
6.5.8 to procure for us a refund of any value added tax included in any bad or doubtful Debt;
6.5.9 to tell us promptly if a Debtor becomes subject to Insolvency Proceedings;
6.5.10 to comply with all procedures for the operation of the Agreement which we may make known to you from time to time.
7. Repurchase
In the event that a Debt remains unpaid after its due date for payment we may request that you repay to us the Purchase Price in respect of that Debt including any administration fees and collection fees as detailed below. Once we have received your payment the Debt will belong to you.
(i) A one-time administration fee of £250 will be applied to any unpaid Debt immediately after its due date has passed.
(ii) A one-time debt administration recovery fee calculated at 10% of the unpaid Debt immediately after its due date has passed.
(iii) Any court or collection costs associated with the collection of the Debt.
(iv) A late payment interest fee of 8% per annum will be applied immediately to any unpaid Debt after its due date and will accrue daily.
8. Information and your Accounts and Records
We may supply such information in our possession relating to your affairs (including your financial and other obligations to us) and the Debts purchased by us to any of your bankers, auditors, or any guarantor/indemnifier of your Obligations.
9. Default
9.1 Upon or at any time after the occurrence of a breach or threatened breach by you of this Agreement, or upon your becoming subject to any Insolvency Proceedings, or where a Debt remains unpaid 7 days after the due date for payment as set out in clause 7 above, we may do any one or more of the following:
9.1.1 terminate the Agreement;
9.1.2 demand that you pay to us the same amount as all the Purchase Payments made by us which have not been recovered;
9.1.3 withhold payments to you;
9.1.4 set-off sums due to you against sums due to us as per condition 3.6;
9.2 Save as expressly provided in the Agreement to the contrary, termination of the Agreement will not affect the rights or obligations of either you or us in relation to Debts assigned to us prior to termination. Without limitation, we will continue to own the Debts, Charges will continue to accrue under the Agreement.
9.3 For the purpose of determining your liability under this Agreement and the amount of your Obligations at any time, you agree that a written certificate from any of our authorised officers or our auditor of the amounts due from you to us under the Agreement shall be binding on you and conclusive evidence (save for manifest error) in any legal proceedings against you.
9.4 You and all Director(s) of the business under which you have created a ‘Penny’ or ‘gigzzee’ portal account are personally liable and responsible for the repayment of any Debt.
10. General Provisions
10.1 No person other than you or us will have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
10.2 The Agreement shall be construed and take effect in accordance with English law, and you hereby submit to the jurisdiction of the English courts without prejudice to our right to bring proceedings in the courts of any country in which you conduct business.
10.3 We may assign or transfer all or any part of our rights and/or obligations under the Agreement and/or under any related guarantee, indemnity, or other security.
10.4 We may vary the Standard Terms at any time. We will tell you when the change comes into effect. If you do not accept the change, you may at any time up to 30 days from the date we tell you about the change, terminate the Agreement without being bound by the change.
11. Entire Agreement
11.1 The Agreement (including the Standard Terms) contains all the terms and conditions agreed between you and us. You warrant to us that you have not relied on any commitment, representation, or warranty in entering into this Agreement. Nothing in this condition shall limit or exclude any liability for fraud.
11.2 If we have been introduced to you by a third party, we have no responsibility for their actions even though we may pay them a commission for the introduction.
12. Meanings of Capitalised Terms
In the Agreement the following capitalised terms shall have the meanings attributed to them below.
"Adverse Event" (i) being unable to pay its debts when they fall due; (ii) having failed to honour a bill of exchange or cheque due to lack of available funds; (iii) having admitted cash flow difficulties; (iv) having insolvency or legal proceedings commenced against it for non-payment of an amount owing, or; (v) being insolvent in any event which would give reasonable grounds for the belief that the Customer might not be able to fulfil its contractual obligations to You;
"Charges" the Service Charge and Disbursements;
"Contract of Sale" a contract for the supply of goods or services or for hiring by you;
"Customer" any person who has incurred or may incur an obligation to you under a Contract of Sale;
"Data Privacy Manager" a person appointed by us to manage data privacy matters who can be contacted at dpo@pennyfreedom.co.uk;
"Data Protection Laws" means all statutes, laws, secondary legislation and regulations pertaining to privacy, confidentiality and/or data protection of Personal Data or corporate data, the General Data Protection Regulation (Regulation (EU) 2016/679) the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699) and the Data Protection Act 2018 and any relevant national laws implementing Directives 95/46/EC and 2002/58/EC;
"Debt" the amount (or, where the context allows, a part of such amount) of any obligation or indebtedness, including any tax or duty payable, incurred by a Customer under a Contract of Sale;
"Disbursements" all bank charges and other costs, charges and expenses incurred by us in the operation of, or in connection with, this Agreement including legal costs and our standard rate disbursement charges which we will notify in writing to you on signing and from time to time;
"Group Company" any company of which the relation to us is that of "parent undertaking" or "subsidiary undertaking" or any "subsidiary undertaking" of that "parent undertaking" in accordance with the meanings given to those expressions in section 1162 of the Companies Act 2006;
"Insolvency Proceedings"(i) the issue of a petition for winding up or bankruptcy; or (ii) an application to appoint an administrator under paragraph 12 of Schedule B1 to the Insolvency Act 1986 ("the Act"); (iii) the service of a notice of intention to appoint an administrator; or (iv) a proposal for a voluntary arrangement under the Act; or (v) the calling of any meeting of creditors; or (vi) the appointment of a receiver in respect of any part or the whole of your business or property;
"your Obligations" all your present and future monetary and other actual or contingent or prospective obligations incurred at any time to us, or to any Group Company, whether arising under the Agreement or otherwise;
"Outstanding" in relation to any Debt, purchased by us and remaining unpaid;
"Penny or ‘gigzzee’ portal" the portal made available by us to you in order to purchase the finance and services as set out in the portal;
"Personal Data" any personal data (including sensitive personal data) that we, our employees, agents, or sub-contractors process on our behalf in performing our obligations under or in connection with this Agreement;
"Privacy Policy" a policy as to the manner in which we shall process, and your rights in connection with, Personal Data, in a form supplied by us to you from time to time;
"Purchase Payment" a payment made by us to you on account of the Purchase Price of any Debt as set out in condition 3.2;
"Purchase Price" the price of the Debt as calculated in accordance with condition 3.1;
"Related Rights" in respect of any Debt all of the following: (i) all your rights under the Contract of Sale (other than your rights to any goods) (ii) the benefit of all guarantees indemnities insurances and securities given to or held by you (iii) all cheques bills of exchange and other instruments held by or available to you (iv) all ledgers computer data records and documents on or by which any Debt is recorded or evidenced (v) any goods the subject of a Contract of Sale returned or rejected by the Customer or repossessed by you and any interest to which you become entitled in relation to the Debt as a result of any statutory enactment or any rule or regulation of government; (Edition 1/2019)