Privacy Policy

Privacy and cookies policy

Updated 22 August 2024

1. Introduction

1.1    We are committed to safeguarding the privacy of our website visitors, service users, individual customers and customer personnel. 

1.2    This policy applies where we are acting as a data controller with respect to the personal data of such persons; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    Our website, https://kilterfinance.com/, incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the collection, sharing and publication of your personal data. You can access the privacy controls via a popup that is shown when entering the website.

1.4    We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

1.5    In this policy, “we”, “us” and “our” refer to Kilter Finance Services Limited. For more information about us, see Section 20.

2. The personal data that we collect

2.1    In this Section 2 we have set out the general categories of personal data that we process and, in the case of personal data that we did not obtain directly from you, information about the source and specific categories of that data.

2.2    We may process data enabling us to get in touch with you (“contact data”). The contact data may include your name, email address, telephone number, postal address and/or social media account identifiers. The source of the contact data is you and/or your employer.

2.3    We may process information relating to our customer relationships (“customer relationship data”). The customer relationship data may include your name, the name of your business or employer, your job title or role, your contact details, your classification / categorisation within our customer relationship management system and information contained in or relating to communications between us and you, or between us and your employer. The source of the customer relationship data is you and/or your employer.

2.4    We may process your personal data that are provided in the course of the use of our services and generated by our services in the course of such use (“service data”). The service data may include identifiers and contact details and other information collected via cookies (see ‘cookies’ section below). The source of the service data is you and/or your employer and/or our services.

2.5    We may process information contained in or relating to any communication that you send to us or that we send to you (“communication data”). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.

2.6    We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system.

2.7    Please do not supply any other person’s personal data to us, unless we prompt you to do so.

3. Purposes of processing and legal bases

3.1    In this Section 3, we have set out the purposes for which we may process personal data and the legal bases of the processing.

3.2    Operations – We may process your personal data for the purposes of operating our website and providing our services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, services and business or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.3    Publications – We may process account data, profile data and/or service data for the purposes of publishing such data on our website and elsewhere through our services in accordance with your express instructions. The legal basis for this processing is consent or our legitimate interests, namely the publication of content in the ordinary course of our operations or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.4    Relationships and communications – We may process contact data, account data, customer relationship data, transaction data and/or communication data for the purposes of managing our relationships, communicating with you (excluding communicating for the purposes of direct marketing) by email, SMS, post, fax and/or telephone, providing support services and complaint handling. The legal basis for this processing is our legitimate interests, namely communications with our website visitors, service users, individual customers and customer personnel, the maintenance of our relationships, enabling the use of our services, and the proper administration of our website, services and business.

3.5    Personalisation – We may process account data, service data and/or usage data for the purposes of personalising the content and advertisements that you see on our website and through our services to ensure that you only see material that is relevant to you. The legal basis for this processing is consent or our legitimate interests, namely offering the best possible experience for our website visitors and service users or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.6    Direct marketing – We may process contact data, account data, profile data, customer relationship data and/or transaction data for the purposes of creating, targeting and sending direct marketing communications by email, SMS, post and/or fax and making contact by telephone for marketing-related purposes. The legal basis for this processing is consent or our legitimate interests, namely promoting our business and communicating marketing messages and offers to our website visitors and service users.

3.7    Research and analysis – We may process usage data, service data and/or transaction data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business. The legal basis for this processing is consent our legitimate interests, namely monitoring, supporting, improving and securing our website, services and business generally.

3.8    Record keeping – We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy.

3.9    Security – We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.

3.10  Insurance and risk management – We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.11  Legal claims – We may process your personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.12  Legal compliance and vital interests – We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.

4. Automated decision-making

4.1    We do not use profiling or automated decision-making processes.

5. Providing your personal data to others

5.1    We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. We may also share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

5.2    We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice.

5.3    Your personal data held in our website database will be stored on the servers of our hosting services providers identified at Hostinger.

5.4    Your personal data held in our cloud storage database will be stored on the servers of our hosting services providers identified as Hostinger.

5.5    In addition to the specific disclosures of personal data set out in this Section 5, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

6. International transfers of your personal data

6.1    In this Section 6, we provide information about the circumstances in which your personal data may be transferred to a third country under UK data protection law or EU data protection law.

6.2    We may transfer your personal data from the European Economic Area (EEA) to the UK and process that personal data in the UK for the purposes set out in this policy, and may permit our suppliers and subcontractors to do so, during any period with respect to which the UK is not treated as a third country under EU data protection law or benefits from an adequacy decision under EU data protection law; and we may transfer your personal data from the UK to the EEA and process that personal data in the EEA for the purposes set out in this policy, and may permit our suppliers and subcontractors to do so, during any period with respect to which EEA states are not treated as third countries under UK data protection law or benefit from adequacy regulations under UK data protection law.

6.3    We and our other group companies have offices and facilities in the United Kingdom, United States, Cayman Islands, and Luxembourg. The competent data protection authorities have made an adequacy determination with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the competent data protection authorities.

6.4    The hosting facilities for our website are situated in United Kingdom. The competent data protection authorities have made an adequacy determination with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the competent data protection authorities, a copy of which you can obtain from https://www.hostinger.com/legal/dpa.

6.5    You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

7. Retaining and deleting personal data

7.1    Personal data that we process shall not be kept for longer than is necessary for the purposes set out in this privacy policy.

7.2    If you grant to us a licence to use any of your personal data, we may continue to retain and use that personal data for a longer period than our normal retention procedures provide for, in accordance with the applicable licence terms, subject to your data subject rights. If we cease to use such personal data after the end of the relevant retention period specified in this Section 7, that personal data shall not be kept for longer than is necessary for the purposes set out in this privacy notice.

7.3    Notwithstanding the other provisions of this Section 7, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7.4    When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.

8. Security of personal data

8.1    We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.

8.2    We will store your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.

8.3    You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. Although we will do our best to protect your personal data, transmission of personal data to and from our website is at your own risk and you should only access our website within a secure environment.

8.4    You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and we will not ask you for your password (except when you log in to our website).

9. Your rights

9.1    In this Section 9, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

9.2    Your principal rights under data protection law are:

(a)    the right to access – you can ask for copies of your personal data;

(b)    the right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data;

(c)    the right to erasure – you can ask us to erase your personal data;

(d)    the right to restrict processing – you can ask us to restrict the processing of your personal data;

(e)    the right to object to processing – you can object to the processing of your personal data;

(f)    the right to data portability – you can ask that we transfer your personal data to another organisation or to you;

(g)    the right to object to the use of automated decision making – you can object to our use of automated decision making, including profiling;

(h)    the right to complain to a supervisory authority – you can complain about our processing of your personal data; and

(i)     the right to withdraw consent – to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

9.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can request access to your personal data by emailing our data protection officer at [email protected].

9.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

9.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

9.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

9.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

9.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

9.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

9.10  To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

9.11  If you consider that our processing of your personal data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. In relation to complaints under EU data protection law, you may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement; in relation to complaints under UK data protection law, you should do so in the UK.

9.12  To the extent that the legal basis for our processing of your personal data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

9.13  You may exercise any of your rights in relation to your personal data by written notice to us.

9.14  Based on the applicable laws of your country, you may have the right to request access to the personal data we collect from you, change that data, or delete it. To request to review, update, or delete your personal data, please email us at [email protected].

9.15  If you are a California resident, you may have the following specific rights under the California Civil Code Section 1798.83 and CCPA Privacy Notice, which may be exercised by contacting us at the email provided below:

• (a) To request and obtain from us, once a year and free of charge, details about personal data (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal data in the immediately preceding calendar year. Requests must be submitted in writing using the contact information provided. Please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.)
• (b) To ask for the deletion of your personal data. If so, we will respect your request and delete your personal data, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of their right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
• (c) To be informed about the type of personal data we collect, the purposes for and ways in which it is used, and to whom is had been shared. We are not obligated to provide or delete data that is de-identified or to re-identify individual data to verify a consumer request.
• (d) To non-discrimination for the exercise of your privacy Rights.
• (e) To limit use and disclosure of sensitive personal data (we do not process sensitive personal data).
• (f) To object to the processing of your personal data.
• (g) To request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data.
• (h) To designate an authorised agent to make a request under the CCPA on your behalf. We may deny such a request if it does not submit proof that they have been validly authorised to act on your behalf under the CCPA.
• (i) To opt out from future selling or sharing of your personal data to third parties. Upon receiving your request, we will act as soon as feasibly possible.

To process any requests, we will need to verify your identity to determine you are the same person about whom we have the data in our system. We may request additional information for such purpose and for security or fraud-prevention purposes. We will only use personal data provided in your request to verify your identity or authority to make the request, and we will delete it as soon as we finish verifying you.

10. Third party websites

10.1  Our website may include hyperlinks to, and details of, third party websites.

10.2  In general we have no control over, and are not responsible for, the privacy policies and practices of third parties.

11. Personal data of children

11.1  Our website and services are targeted at persons over the age of 18. We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of our website and services.

11.2  If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data. If you become aware of any data we may have collected from children under age 18, please contact us at [email protected].

12. Updating information

12.1  Please let us know if the personal data that we hold about you needs to be corrected or updated.

13. Acting as a data processor

13.1  In respect of personal data, there may be circumstances pursuant to which we do not act as a data controller; instead, we act as a data processor.

13.2  Insofar as we act as a data processor rather than a data controller, this policy shall not apply. Our legal obligations as a data processor are instead set out in the contract between us and the relevant data controller.

14. About cookies

14.1  A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

14.2  Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

14.3  Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.

15. Cookies that we use

15.1  We use cookies for the following purposes:

(a)    authentication and status – we use cookies to identify you when you visit our website and as you navigate our website, and to help us determine if you are logged into our website;

(b)    personalisation – we use cookies to store information about your preferences and to personalise our website for you;

(c)    security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;

(d)    analysis – we use cookies to help us to analyse the use and performance of our website and services; and

(e)    cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally.

15.2    The cookies that we use are:

(a)     _ga

(b)     _ga_G30N3RTYLM

(c)      _scc_session

(d)     _tccl_visit

(e)     _tccl_visitor

16. Cookies used by our service providers

16.1  Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

16.2  We use Google Analytics, which gathers information about the use of our website and uses cookies for this purpose. We use the information gathered by Google Analytics to create reports about the use of our website. You can find out more about Google’s use of information by visiting https://policies.google.com/technologies/partner-sites and you can review Google’s privacy policy at https://policies.google.com/privacy. The cookies used by Google Analytics are named _ga and _ga+container-id.

17. Managing cookies

17.1  Blocking all cookies will have a negative impact upon the usability of many websites.

17.2  If you block cookies, you will not be able to use all the features on our website.

18. Cookie preferences

18.1  You can manage your preferences relating to the use of cookies on our website by visiting: https://kilterfinance.com/cookie-policy/

19. Amendments

19.1  We may update this policy from time to time by publishing a new version on our website.

19.2  You should check this page occasionally to ensure you are happy with any changes to this policy.

19.3  Updated versions of this policy will be indicated by the date stated above, and we may notify you of changes by posting a notice on our website or sending you an email.

20. Our details

20.1  This website is owned and operated by Kilter Finance Services Limited.

20.2  We are registered in England and Wales under registration number 12488452, and our registered office is at Warnford Court, 29 Throgmorton Street, London, England, EC2N 2AT.

20.2  Our VAT number is GB366728459.

20.3  Our principal place of business is at Warnford Court, 29 Throgmorton Street, London, England, EC2N 2AT.

20.4  You can contact us:

(a)    by post, to the postal address given above;

(b)    by email, using the email address published on our website.

21. Data protection registration

21.1  We are registered as a data controller with the UK Information Commissioner’s Office.

21.2  Our data protection registration number is ZA822940.

22. Representatives

22.1  Our representative within the UK with respect to our obligations under data protection law is Chris Wright and you can contact Chris by post or email (see Section 23).

23. Data protection officer

23.1  Our data protection officer is Chris Wright and you can contact him by email at [email protected], by phone at +44 208 078 0872, or contact us by post at Warnford Court, 29 Throgmorton Street, London EC2N 2AT.