NextGear Capital UK Ltd Privacy Policy UK

 

About us

NextGear Capital UK Ltd (“NextGear Capital”) is the data controller in respect of any personal information to which this privacy policy applies. Data Protection Registration Number is ZA038231 and you can contact NextGear Capital at:

NextGear Capital UK Ltd
NextGear House
Kingsfield Court
Chester Business Park
Chester
CH4 9RE

NextGear Capital is part of the Cox Automotive UK group of companies (“We”, “Us”, and “Our”). The Cox Automotive UK Group consists of the companies listed below. References in this privacy policy to the ‘Cox Automotive Group’ should be taken to include all of these companies:

  • Cox Automotive UK Ltd
  • Cox Automotive Retail Solutions Ltd
  • Manheim UK Ltd
  • Nextgear Capital UK Ltd
  • co.uk Ltd
  • Dealer Auction Ltd
  • com Ltd
  • Movex Logistics Ltd
  • Kingfisher Systems Ltd
  • RMS Automotive
  • Modix UK Ltd

If you wish to contact Our Head of Privacy & Data Protection, you can email dataprotection@manheim.co.uk

How will we use your information?

NextGear Capital collects and uses personal data relating to you for the following purposes:

  1. To enable Us to fulfil contracts entered into between you and NextGear Capital, including the provision of any services that form part of those contracts.
  2. To carry out credit checks and to monitor for, detect and prevent fraud.
  3. To administer your account, including keeping you informed of changes to Our products and services and responding to your queries, complaints and other correspondence.
  4. To carry out research and statistical analysis for the purposes of improving and enhancing Our services.
  5. To monitor use of Our website and to collate, analyse and report on aggregate, anonymised data derived from personal data of those who use Our site.
  6. To provide you with offers about Our products and services that you request from Us or which We feel may be of interest to you, unless you have told Us not to contact you about these offers.
  7. We process personal data relating to how you manage your account and your account activity for the purposes of assessing the level of business risk. This includes sharing it with other companies in the Cox Automotive UK Group.
  8. We may monitor and record calls, emails and SMS messages between you and Us for quality control, for training purposes, to improve Our services and to keep a record of what was agreed.


Grounds on which We process your personal data

NextGear Capital processes your personal data on the following grounds:

  • Where processing falls within paragraph 1) above, this personal data is processed because the processing is necessary for the performance of a contract that you have entered into with NextGear Capital.
  • Where processing falls within paragraph 2) above and relates to the performance of credit checks, this processing is undertaken on the grounds of legitimate business interests pursued by NextGear Capital. It is within the legitimate interests of NextGear Capital to conduct such checks so that We can make informed decisions and reduce business risk.
  • Where processing falls within paragraph 2) above and relates to monitoring, detecting and preventing fraud this will be undertaken because it is necessary for compliance with legal obligations imposed on NextGear Capital by anti-money laundering regulations. To the extent that processing of this nature is not necessary for compliance with such legal obligations, it is undertaken on the grounds of legitimate interests pursued by NextGear Capital. It is within Our legitimate interests to protect ourselves, clients and other members of the Cox Automotive UK Group from risk and loss which may be incurred as a result of fraud and money laundering.
  • Where processing falls within paragraph 3) this will be undertaken on the grounds that it is necessary for the performance of the contract that you have entered into with NextGear Capital. Where this is not the case, it will be undertaken on the grounds that it is within the legitimate interests of NextGear Capital to ensure proper, efficient and correct oversight of your account with Us.
  • To the extent that processing under points 4) and 5) above involve processing personal data, this is undertaken on the basis of legitimate interests. It is in NextGear Capital’s legitimate interests to be able to undertake research into the operation and use of Our website and to enable Us to improve Our services.
  • Personal data processed under point 6) above is processed on the grounds of you having provided your consent for Us to send you those communications.
  • Personal data processed under point 7) above is processed on the grounds of legitimate interests. It is within the legitimate interests of NextGear Capital and the other companies in the Cox Automotive UK Group to ensure they are aware of the risks posed to it by going into business with certain clients or customers or to share information relating to account activity which may give rise to such concerns.

How do we protect your information?

The security of personal data is important to Us.  We maintain appropriate administrative, technical and physical safeguards to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or access, use and all other unlawful forms of processing of the personal data in our possession.

Disclosures and Transfers

NextGear Capital may disclose your personal information on to third parties for the following purposes:

  • Selected approved sources i.e. vehicle auctions, online vehicle sellers, vehicles wholesalers, or dealers, to enable you to use your NextGear Capital stocking limit.
  • Google – as set out in Our Cookie Policy.
  • Where material is uploaded or posted by you on Our website violates the rights of a third party.
  • Where it is necessary to do so to provide the products and services chosen by you.
  • Where We have your consent to do so.
  • Service Providers: NextGear Capital contracts with service providers (which may include Our affiliates) to perform certain functions carried out on Our behalf as Our agent, and only for the purpose of performing those functions. They are prohibited from using or disclosing your personal information for other purposes.
  • Credit Reference Agencies: We use credit reference agencies (“CRAs”) to assess your application and verify your identity to prevent crime and money laundering. We may also make periodic searches at CRAs in order to refresh Our records and manage your Stocking Plan with Us.  Information provided on applications will be sent to CRAs and will be recorded by them.  When CRAs received a search request from Us they will place a search footprint on your credit file that may be seen by other lends.  They supply to Us both public (including the electoral register) and shared credit and fraud prevention information.  Where you have a Stocking Plan with Us, We will give details of the Stocking Plan(s) and how you manage it/them to CRAs.  If you do not repay your Stocking Plan in full and on time, CRAs will record the outstanding debt.  This information may be supplied to other organisations by CRAs to perform similar checks and to trace your whereabouts and recover debts that you owe.  Records remain on the file for 7 years after they are closed, whether settled by your or defaulted.  You can contact the CRAs currently operating in Ireland or the UK; the information they hold may not be the same so it is worth contacting them all.  They will charge you a small fee to provide the information. 
  • Equifax plc, Credit File Advice Centre, PO Box 3001, Bradford, BD1 5US or call 0870 010 0583 or log on to myequifax.co.uk
  • Experian, Consumer Help Service, PO Box 8000, Nottingham, NG80 7WF or call 0844 481 8000 or log on to experian.co.uk

    Fraud Prevention
    • Before We provide services, We undertake checks for the purposes of preventing fraud and money laundering, and to verify your identity. These checks require Us to process personal data about you.
    • The personal data you have provided, We have collected from you, or We have received from third parties will be used to prevent fraud and money laundering, and to verify your identity.
    • Details of the personal information that will be processed include, for example: name, address, date of birth, contact details, financial information, employment details, device identifiers including IP address and vehicle details.
      We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.
    • We process your personal data on the basis that We have a legitimate interest in preventing fraud and money laundering, and to verify identity, in order to protect Our business and to comply with laws that apply to Us. Such processing is also a contractual requirements of the services you have requested.
    • Fraud prevention agencies can hold your personal data for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to six years.

 Automated Decisions

  • As part of the processing of your personal data, decisions may be made by automated means. This means We may automatically decide that you pose a fraud or money laundering risk if Our processing reveals your behaviour to be consistent with money laundering or known fraudulent conduct, or is inconsistent with your previous submissions, or you appear to have deliberately hidden your true identity.  You have rights in relation to automated decision making: if you want to know more please see Rights in relation to automated decision making & profiling

Consequences of Processing

  • If We, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, We may refuse to provide the services you have requested, or We may stop providing existing services to you.
  • A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services to you. If you have any questions about this, please contact Us using the details above.
  • If We sell or buy any business or assets. In which case, We may disclose your personal information to the prospective seller or buyer of such business or assets;
  • If We are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to comply with Our Terms of Use and other agreements We have with you; or to protect the rights, property, or safety of NextGear Capital, Our customers or others;
  • To vehicle auctions, online vehicles sellers, vehicle wholesalers, car finance providers, or dealers, for the purposes of cross matching data;
  • To vehicle auctions, online vehicles sellers, vehicle wholesalers, car finance providers, or dealers, for marketing purposes, but only where you have told Us you are happy for Us to do so.

The information that We collect from you may be transferred to a destination outside the European Economic Area (“EEA”) to a country with laws which does not the same level of data protection as you enjoy under the UK’s Data Protection Act 1998.  Your personal information may also be processed by staff operating outside the EEA who work for Us or for one of Our group companies or suppliers.  Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details (where provided by You) and the provision of support services.  If fraud prevention agencies transfer your data outside of the EEA, they impose contractual obligations on the recipients of that data to protect your personal data to the standard required in the EEA.  They may also require the recipient to subscribe to ‘international frameworks’ intended to enable secure data sharing.  We will take all reasonable steps to ensure that your data is related securely and in accordance with this privacy policy.

Your rights in relation to your personal information

You have the following rights in relation to the personal information NextGear Capital processes relating to you. Where you exercise these rights, NextGear Capital will provide information to you as to what action has been taken, if any, within 30 calendar days of receipt of your request. Where no action has been taken, NextGear Capital will explain Our reasons why.

Considering the complexity and number of requests, it may take NextGear Capital up to 90 calendar days to respond to your request. Where NextGear Capital intend to extend the deadline for responding, you will be informed within 30 calendar days of receipt of your request.

Right of Access

You have the right to request access to the personal information that NextGear Capital hold about you.  If you would like a copy of some or all of the personal data We hold about you, please contact Us at the address above or marketing@nextgearcapital.co.uk.  In order to process your request, We may make a charge of £10 to cover any administrative costs.  We may also ask for proof of your ID.

Rights in relation to inaccurate personal information

Where personal information that NextGear Capital holds about you is inaccurate, you have the right to request that those inaccuracies are rectified. Taking into account the purposes for which the personal information is processed, you also have the right to have incomplete personal information about you completed.

Right to erasure

In certain limited circumstances, you have the right to request that NextGear Capital erase personal information relating to you that NextGear Capital hold. This right only applies if any one of the following circumstances applies:

  • Where NextGear Capital no longer require the personal information for the purpose(s) for which it was obtained or otherwise used.
  • Where the processing is based on your consent, that consent has been withdrawn and there is no other legal ground for processing.
  • Where you have exercised your right to object to the processing and there are no overriding legitimate grounds for the processing.
  • Where you have exercised your right to object to the use of your personal information for direct marketing purposes.
  • Where the personal information has been unlawfully processed.
  • Where NextGear Capital is required to erase the personal information in order to comply with a legal obligation.

The right does not apply where the processing of your personal information is necessary:

  • For compliance with a legal obligation requiring NextGear Capital to process your personal information or where the processing is necessary for the performance of a task carried out in the public interest
  • For the establishment, exercise or defence of legal claims.

Right to restriction of processing

You have the right to request that NextGear Capital restrict the processing of your personal information in the following circumstances:

  • Where you have contested the accuracy of the personal information. In this case the processing of the personal information will be restricted for a period which enables NextGear Capital to verify the accuracy of the personal information in question.
  • Where the processing of the personal information is unlawful and you have objected to the information being erased and have instead requested the restriction of its use.
  • Where NextGear Capital no longer needs the personal information for the purposes set out in What we do with your personal informabove but you require them for establishing, exercising or defending legal claims.
  • Where you have objected to the processing of your personal information as set out in Right to object to processing In this case, processing of your personal information will be restricted pending verification of whether Our legitimate grounds for continuing to process your personal information override your grounds for objecting.

Where processing of your personal information is restricted for any of the reasons above NextGear Capital will not process it, with the exception of storage, unless:

  • You have provided 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.

Where NextGear Capital have agreed to restrict the processing of your personal information, We will write to you to inform you that We will be lifting that restriction prior to doing so.

Right to data portability

This right only applies in the following circumstances:

  • Where the personal information in question consists of information you have provided to NextGear Capital,
  • Where the grounds for processing the personal information stated in section 2 above are consent, explicit consent or for the performance of a contract or to take steps at your request prior to entering into a contract, and
  • The processing of the personal information is carried via automated means.

Where this right applies, you have the right to receive your personal information in a structured, commonly used and machine-readable format. You also have the right to transmit that information to another data controller or, where possible, directly from NextGear Capital to another controller.

Right to object to processing

You have the following rights in relation to objecting to the processing of your personal information by NextGear Capital:

  • You have the right to object at any time, on grounds relating to your particular situation, to the processing, and
  • The right to object specifically to the processing of your personal information for direct marketing purposes.

Right to object to processing

You have the right to object to the processing of your personal information at any time, on grounds relating to your particular situation. This only applies where the grounds for processing are:

  • The processing is necessary for the purposes of legitimate interests pursued by the data controller or by a third party, or
  • Processing is necessary for the performance of a task carried out in the public interest

Right to object to processing for the purposes of direct marketing

You have the right to object specifically to the processing of your personal information for the purposes of direct marketing. If you object to the processing of your personal information in this way, then NextGear Capital will no longer process it for that purpose.

Rights in relation to automated decision making & profiling

You have the right not to be subjected to a decision based solely on automated processing, including profiling, which would legally affect you or significantly affect you. However, this right will not apply if the decision:

  • Is necessary for the entering into, or performance of, a contract between you and NextGear Capital
  • Is authorised by or under any law to which NextGear Capital is subject, or
  • Is based on your explicit consent.

Right to complain to the Information Commissioner’s Office

Where you believe that NextGear Capital has failed to properly comply with its obligations in respect of your personal information, including your rights as set out in sections: Your rights in relation to your personal information; Right of Access; Rights in relation to inaccurate personal information; Right to erasure; Right to restriction of processing;  Right to data portability; Right to object to processing; right to object to processing for the purposes of director marketing; and Rights in relation to automated decision making & profiling above, you can complain to the Information Commissioner at:

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

You can find more information about their role and how to submit a complaint on their website: www.ico.org.uk.

Cookies and other tracking technologies

We use cookies and other tracking technologies on the Website.  To find out more about the cookies and other tracking technologies We use and to manage your preferences, please see our Cookie Policy.

Changes to this privacy policy

NextGear Capital may amend this privacy policy from time.  Future updates will be posted on Our website or sent to you via email.  If you do not agree to any of the changes, please do not continue to use the website.

Last updated: 14th May 2018