Pawnbroking Service

 

Since 1995 we have offered a Pawnbroking service providing; quick, easy and secure loans. In order to take out a loan we will require a form of photographic identification and 2 forms of Identification with your name and address on (All ID provided must be official EG. Driving licence, Passport, Bank statement, Etc.). We offer loans against gold jewellery over a 7 month period.

At PawnBrokerGold  we have all the relevant up to date licencing required by the Financial Conduct Authority.

 

Data Protection Policy 

Name of Firm Antique & Bargain Stores

1 Introduction

We are a Consumer Credit Business licensed by the FCA Ref number 739260

We are registered with the ICO for Data Protection ref number Z8189875

We do not require a Data Protection Officer because we are a small business with relatively small amounts of data stored. However our Charlotte Clark is the key contact for data protection.

Under FCA SYSC requirements we also have a senior manager who takes responsibility for data, their title is Director of Antique & Bargain Stores.

 

2 Basis of Processing Data

We retain data and relevant information about our customers on the following basis;

Pawnbroking- Legitimate Interest- We process - proof of name, address complying with AML requirements. We ask for Photographic Identification for example a passport or driving license or a Bus Pass and utility bill for all new customers and apply due diligence as per our AML policy.

Pawnbroking-Marketing soft opt in- We use a soft opt in for marketing. This means that unless the customer ticks the box on contract note 6 of their Pawn Contract we may send them relevant marketing e mails and contact them as per article 22 of the PECR (Privacy and Electronic Communications Regulations), on the basis that; 

  • we have obtained the contact details in the course of a pawn contract
  • we are only marketing their own similar products or services; and
  • we gave the person a simple opportunity to refuse or opt out of the marketing, both when first collecting the details and in every message after that.

 

 

Other activities

CCTV- is retained for one month as part of the legitimate process of preventing crime. Footage is shared with police on request to help ongoing investigations.

  1. Data Controller

We Antique & Bargain Stores are the Data Controllers, and are responsible for all personal information retained, and are subject to audit by the Information Commission Office (ICO). We do not share our data with 3rd parties.

  1. Disclosure

The pawnbroking customers are made aware at point of transaction how, where and with whom their information will be shared. 

 Adequate Explanations

There is standard information that our staff always read out to customers. We state to them before any information is taken;

 

Please read our privacy notice carefully, this explains what personal information we require about you to enter into and manage our agreement with you and for our legitimate interests (for example preventing fraud).  It also explains how we may acquire, use and share that information and what rights you have regarding the data we hold about you. We may send you marketing communications unless you opt out of receiving them (see the tick box on note 6). 

 

We Show the Customer Our Privacy Notice

We show every customer the privacy notice before any pawn transaction via a laminated privacy notice on the Counter. Since the basis for processing data is Legitimate Interest ( a pawn contract) the customer is not required to sign this.

 

Every contract has a Data Processing Clause (no. 6 on back of pawn contract)

This is a shortened version of the privacy notice but also has a soft opt in for marketing.

  1. Data protection

The personal information we collect about you is used by us to fulfil our statutory obligations, to administer your agreement(s) and contact you, and when otherwise required by law or where permitted by Regulation (EU) 2016/679,  the General Data Protection Regulation (GDPR). You will have already seen our privacy notice. It is important that you provide us with accurate information. If you provide false or inaccurate information or we suspect fraud, this information may be recorded. We will retain your data for six years after our account with you is closed, whether settled by you or in default.

                              

You have the right to:

  • access the information we hold about you
  • ask us to make changes to your information to make sure it is accurate/up to date
  • ask us to stop or limit processing or delete your information(we are not obliged to do this in relation to information we need as part of our contractual relationship)
  • receive your information in a format that suits you
  • transfer your information to a third party
  • Please contact us using the details shown overleaf for further information.

 

 We do not undertake CRA checks and we do not share data with 3rd parties.

  

  1. Data collection

We have reviewed our business through our Information audit to identify the data that is processed and how it flows into the business.

We will ensure that data is collected within the boundaries defined in this policy. When collecting data, we will ensure that the customer clearly understands why the information is needed.

We will respect the following rights for individuals:

  1. The right to be informed
  2. The right of access
  3. The right to rectification [for example changing address]
  4. The right to erasure 
  5. The right to restrict processing eg To temporarily stop proceedings because they have accidentally given incorrect information eg got their phone number wrong.
  6. The right to data portability
  7. The right to object-
  8. Rights in relation to automated decision making and profiling.

 

  1. Data Storage

Information and records relating to service users will be stored securely and will only be accessible to authorised staff. Information will be stored for only as long as it is needed or required statute and will be disposed of appropriately. We store pawnbroking data for 6 years from the last point of contact.

It is our responsibility to ensure all personal and company data is non-recoverable from any computer system previously used within the organisation, which has been destroyed or sold to a third party.

We will undertake periodic annual Information audits and Data Protection Impact Assessments to continually aim to improve systems, minimise risk and improve security.

7. Data access and accuracy

We will ensure that:

  • The Information Leader has the responsibility for data in their job description and that they are fully trained for the role to ensure compliance with Data Protection
  • Everyone processing personal information understands that they are contractually responsible for following good data protection practice and are trained accordingly 
  • Everyone processing personal information is appropriately trained to do so
  •  Everyone processing personal information is appropriately supervised
  •  We deal promptly with any enquiries about handling personal information
  • We annually review and audit the ways it hold, manage and use personal information through our Information Audit
  • All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them

This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any future changes or amendments made to the GDPR 2018.

8 Data Breeches

We will maintain a log of all data breaches no matter how small. A small breach would include overhearing account details, losing a small amount of data or accidental deletion, loss of CCTV footage.

Examples of a major breech would be loss or theft of entire database, web cyber security issue or hacking resulting in theft of e mails/ passwords/ financial data of a significant or unquantified number of people.

We will ensure we have robust breach detection, investigation and internal reporting procedures in place. 

We will report serious breaches within 72 hours of becoming aware of the breach where feasible, to the ICO on 0303 123 1113 and explain;

  • what has happened;
  • when and how we found out about the breach;
  • the people that have been or may be affected by the breach;
  • what we are doing as a result of the breach; and
  • who ICO should contact for more information
  • advise who else we have told about the breach.

 

9 Our Privacy Notice

 Antique & Bargain Stores Privacy Notice

This explains how and why we acquire and use your personal information in accordance with Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR).

We may collect information about you: as part of your loan application and for the purposes of managing your loan agreement from you, from public records and from third parties with your consent .This includes your name, address, date of birth, contact details, employment information, credit record and your agreement history.

We use your information to:

communicate with you by telephone, email, SMS, or post using the contact details you have provided

manage your account

prevent fraud and money laundering

We may use your data for the above purposes to fulfil our legitimate interest of managing our legal agreement with you and where otherwise required to comply with our legal and regulatory obligations and where permitted by the GDPR.  If you do not provide us with your personal information, we will not be able to lend to you.

We may also use your information for other purposes where you have consented to this (see below).

We may share your information with:

third parties to which we transfer, charge or assign your agreement or which provide services for us

law enforcement agencies or regulatory bodies where we are required to do so by law

We store your information:

within the European Economic Area (EEA)

if we transfer data outside the EEA we will ensure that before we do so, there is adequate protection in place to ensure the security of your data.

We keep your information:

for as long as it is needed to manage your account and for a maximum of six years unless a longer period is required by law.

 

You have the right to:

  • access the information we hold about you
  • ask us to make any changes to your information to make sure it is accurate and up to date
  • ask us to stop or limit our use of or to delete your information (we are not obliged to do this in relation to information we need as part of our contractual relationship)
  • receive your information in a format that suits you
  • transfer your information to a third party

 

Contact

If you have question, want to exercise your rights or make a complaint, please contact us

 

If we cannot resolve your complaint, you may contact the Financial Ombudsman Service at:

Financial Ombudsman Service

Exchange Tower

London

E14 9SR

Tel: 08000 234 567

 

You also have the right to complain to the Information Commissioner's Office at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. www.ico.org.uk.

 

We may contact you by post, email, SMS or telephone for the purposes of marketing our products and services; please tick the box in note 6 on your contract if you do not wish to receive such marketing. 

 

 

 Complaints Handling Procedure - Dispute Resolution

 

Pawnbroking/Credit Lending Complaints have to be administered in accordance with the process set out in the FCA Dispute Resolution Handbook, DISP. The Dispute Resolution rules should be incorporated into your Complaints Procedure. They should not be considered as rules for their own sake. Each element is designed to ensure that complainants are treated fairly. It should be clear how each rule supports protection for your customers.

 

 

Definition of an Eligible Complaint

 

The FCA defines a complaint as Any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of, a person about the provision of, or failure to provide, a financial service, which:

 

  1. alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience; and
  2. relates to an activity of a firm providing financial services or products, which come under the jurisdiction of the Financial Ombudsman Service.

 

Definitions of:

 

Financial Loss – our actions have caused a customer to suffer a direct financial loss which can be quantified.

Material Distress – our actions have directly affected a customer’s emotional state. This may be stated or implied, and would include these feelings, upset, embarrassment, anxiety, stress, sorrow, suffering etc.

Material Inconvenience – our actions have had a direct impact on a customer’s life, causing a disproportionate amount of disruption or difficulty. 

 

Definition of an Eligible Complainant

 

An eligible complainant is:

 

  • a consumer;
  • micro enterprise; or
  • a charity with annual income of less than £1 million; or
  • a trustee of a trust with a net asset value of less than £1 million.

 

NB The Alternative Dispute Resolution Directive, ADR, 2015, extended the definition of 'eligible complainant' to cover all natural persons who are acting for purposes "wholly or mainly outside their trade, business, craft or profession".

 

 

 

 

 

 

Receipt of a complaint should be accepted in any format:

 

  • Letter
  • Email
  • Fax
  • Telephone
  • In person

 

 

Copies of the Complaints Handling Process must be readily available to all customers and appear on the firm’s website. No charge may be made for handling a complaint from an eligible complainant.

 

 

Handling a complaint

 

You must produce your firm’s written internal procedure and ensure all staff are trained to recognise any complaints.

 

Root Cause analysis

 

You must ensure that complaints are analysed and correct any underlining causes. You should also consider the position of customers who may have been affected by the issue but not complained.

 

Closing the complaint within 56 days

 

The final response should state:

 

  • The final decision and result of the findings
  • Any offer of redress, together with details of the basis of calculation
  • That the customer has six months from the date of the letter to refer the matter to FOS if they are unhappy with the outcome.
  • That if the customer confirms that they are satisfied with the findings, the complaint will be considered closed.

 

Complaints referred to the Financial Ombudsman Service, FOS

 

Where a complaint has been referred to the FOS the firm must will co-operate fully with the enquiry and be bound by any awards made by them

 

 

Complaints resolved within 72 hours

 

If an eligible complaint is received and resolved within 72 hours, the full complaints procedure does not need to be implemented. A Summary Resolution Letter should be issued to the complainant confirming the closure of the complaint, any redress offered and their right to refer the matter to FOS if not satisfied.

 

 

Outsourcing complaint handling

 

This is permitted but the regulated firm always remains responsible to the complainant.

 

 

 

 

 

 

 

We consider a complaint to be:

 

Any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of, a person about the provision of, or failure to provide, a financial service, which:

 

alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience; and
relates to an activity of our firm which is subject to the jurisdiction of the FOS.

 

We will provide a copy of this documented process on request and when acknowledging a complaint.  There will be no charge for this.

 

A complaint can be made and received via any reasonable means, including letter, telephone (at standard rates), email, or in person.

 

Making a Complaint

 

We do not make a charge for handling a complaint.

 

If you wish to make a complaint, please contact Mrs l Clark

 

 

Acknowledging your Complaint

 

If your complaint cannot be resolved within 72 hours following its receipt, we will promptly send you a written acknowledgement of your complaint.

 

If you make an oral complaint, our written acknowledgement will set out our understanding of your complaint.  

 

 

 

Reviewing your Complaint

 

Your complaint will be investigated diligently and will be assessed fairly, consistently and promptly.

 

We may ask you to submit copies of documentation and may request further information from you to assist us with our investigation.

 

We will take into account any documents and/or information you may provide in relation to your complaint.

 

 

Keeping you Informed

 

If your complaint cannot be resolved within 72 hours following its receipt, we will ensure that you are regularly kept informed of our progress with regards to the investigation into your complaint.

 

 

 

We will undertake a thorough and timely investigation of your complaint. However, in the event that we are unable to conclude our enquiries within 56 days, we will write to you and let you know when we expect to be in a position to issue our Final Response letter.

 

We will also provide you with details of your right to refer the matter to the Financial Ombudsman Service (FOS).  The FOS can be contacted as follows:

 

Financial Ombudsman Service

Exchange Tower

London

E14 9SR

Telephone: 0845 080 1800                   

 

E-mail: enquiries@financial-ombudsman.org.uk

 

Resolving your Complaint

 

When we have finalised our investigation into your complaint, we will issue our Final Response letter. 

 

Our Final Response letter will:

  • Be fair, clear and not misleading;
  • Confirm details of our investigation and decision; and
  • if relevant, include any offer of remedial action or the appropriate level of redress (or both).
  • And any next steps

 

If you're unhappy with our decision and wish to take it further, you can ask the Financial Ombudsman Service (FOS) to look at your complaint. This is a free, independent service for resolving disputes. If you decide to refer your complaint after we've issued our Final Response, you should do so within 6 months of the date on our Final Response letter.

 

Although you can refer your complaint to the FOS at any time, they will require our consent to investigate complaints where:

 

  • we haven't had the chance to put things right
  • we haven't exceeded the 56-day timescale and haven't yet issued our Final Response letter

 

 

If your complaint can be resolved within 72 hours, 3 working days, we will send you a Summary Resolution Communication Letter to advise you how we have resolved the complaint, any further actions we are to take or the appropriate level of redress (or both), and again we will refer you to the Financial Ombudsman Service if you are not satisfied with our handling of the complaint.

 

 

An explanatory FOS leaflet will be provided. 

 

 

 

 

The above complaints handling process and policy should be read in conjunction with the FCA Dispute Resolution Handbook and should be amended to reflect the size and complexity of your firm. You may wish to seek expert advice.