Privacy Policy

WHO WE ARE

Aben Capital Ltd is a Commercial Finance Broker. We act as a broker/intermediary for our customers.

HOW WE WILL USE THIS INFORMATION ABOUT YOU

We take your privacy seriously and will use your personal information in several ways which will help us;

1. make lender decisions,

2. for fraud prevention,

3. for audit,

4. for statistical analysis,

5. credit reference checks

We may share your information with, and obtain information about you from, credit reference agencies or fraud prevention agencies. If you apply to us for insurance we will pass your details to the insurer. Information you provided may be put onto a register of claims and shared with other insurers to prevent fraudulent claims.

Aside from this we will not disclose your information to any company outside of potential lenders except to help prevent fraud or if required by law to do so.

For further information on how your information is used, how we maintain the security of your information and your rights to access/alter and change information we hold on you, please contact stephen@abencapital.com.

YOUR PERSONAL DATA

What we need:

Aben Capital will be what is known as the ‘controller’ and the ‘processer’ of the personal data you provide to us. We collect personal data about you which may also include any special types of information or location-based information. We also gather other information including name, addresses, email, dependents and financial status.

WHY WE NEED IT

We need to know your basic personal data to provide you with an accurate recommendation for your personal circumstances. We will not collect any personal data from you we do not need to provide and oversee this service to you.

For processing of data to be lawful under GDPR, Aben Capital use the following test under the EU General Data Protection Regulations;

(a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose.

(b) Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.

(c) Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations).

(d) Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)

WHAT WE DO WITH IT

Automated Decision Making: we will pass your data captured to funders whom may use automated decision-making in respect of your application for finance. We will only collect the minimum amount of data needed and have a clear retention policy for the profiles we create.

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or any significant affects. You can request human intervention and challenge a decision made this way by contacting stephen@abencapital.com.

All the personal data we use is controlled by Aben Capital Ltd in the UK, however, for the purposes of IT hosting and maintenance, this information is located on servers within the European Union. No 3rd parties have access to your personal data unless the law allows them to do so. We have a Data Protection regime in place to oversee the effective and secure processing of your personal data. More information on this framework can be found on our website.

We may pass your data to potential providers of finance to provide you with offers of products suitable to meet your customer requirements.

Your data is stored electronically on our encrypted hard drive and cloud based servers.

HOW LONG WE KEEP IT

We are required by regulations to keep certain information such as name, address, contact details and financial status for a period of 6 years beyond the final term of the finance facility you have taken out. After this time it will be destroyed. The information used for marketing will be kept with us until you notify us that you no longer wish to receive this information.

What are your rights?

If at any point you believe retained information is incorrect you can request to see this information and even have it corrected and possibly deleted. Providing you with this information is free of charge, but charges may apply for excessive requests.

If you wish to raise a complaint on how we have handled your personal data, you can contact our Data Protection Officer who will investigate the matter.

Where relevant, you have the right to withdraw consent and object at any time and this means that we cannot process your data provided without your consent.

More information about your rights can be found on the Information Commissioners website. https://ico.org.uk/

If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner’s Office (ICO).

Our Data Protection Officer is Stephen Findlay and you can contact him at stephen@abencapital.com.

TERMS AND CONDITIONS AND COMPLAINTS HANDLING POLICY

The following information informs you of the services provided by Aben Capital Ltd (hereafter “the Company”, “we” or “us”), how we conduct business including how we charge for the services we provide. It also sets out policy over the general usage of this web site, our copyright protection and rights of redress should these general and specific rights be abused in any way. We reserve the right to use software that identifies usage, and abuses of intellectual property belonging to the Company its affiliates.

HOW WE CONDUCT BUSINESS

The Company operates in the market as a Credit Broker, we are not a Lender and we do not lend our own money. As a Credit Broker we provide a range of financial brokerage services to business and personal clients (referred to as ‘the Client’ ). The Company is not tied to any lender or group of lenders, we source appropriate financial services and products for our Clients from a broad range number of lending organisations with whom the company has a professional broker agreement.

The policy of the Company is to aim to provide our Clients an unbiased and impartial service and to recommend the most appropriate and cost effective financial products matching their declared needs, borrowing requirements and personal / business financial means and circumstances.

OUR DUTY OF CARE AND POLICY ON TREATING CUSTOMERS FAIRLY ( TCF )

In dealing with Clients our duty of care dictates that it all cases the recommendation we make will be based on the best and most appropriate solution for the client. In supporting the Client we will request fact finding information pertaining to the overall financial means of the Client, Asset and Liability position, credit status and general personal profile. All information provided by Clients is handled in accordance with the Data Protection Act and The General Data Protection Regulation (GDPR) as set out by the Information Commissioners Office.

DEBT SERVICEABILITY / VULNERABLE CLIENTS POLICY / CLIENT RISKS

Our duty of care and regulatory obligations dictate that in all Client engagements we should take all possible steps to ensure that the following conditions are met:

Any product or service we are recommending to a Client can be demonstrated to be adequately affordable to the client without the risk of financial hardship occurring either at the time of engagement or if circumstances change during the term of the loan, lease or mortgage. This is referred to as ' Debt Serviceability Criteria' and if, in the view of the Company, the proposed borrowing requirement cannot be adequately afforded this advice will be provided to the Client.
That we take all possible steps to identify any 'Vulnerable Clients' who, and for whatever reason, may not be in a position to fully understand the terms and conditions of any financial service being requested. In such cases the Company will provide appropriate advice to the Client.
That we advise all Clients of the associated risks and possible consequences should they not be able to make the regular scheduled payments during the agreed term for any loan, lease or mortgage taken out.

CREDIT PROFILE SEARCHES

In providing our services it may be necessary for a recommended Lender to complete a formal credit search on a Client and if this is required the Company will always seek the prior approval of the Client before such a search is carried out.

FREE SERVICES PROVIDED TO THE CLIENT WITHOUT OBLIGATION

A minimum of one free consultation is provided to all Clients, by arrangement this may be conducted either via a telephone conference or a face to face meeting at our offices or the Clients premises. Following the initial consultations and fact finding process the Company will advise the client on the most appropriate and cost effective actions to achieve the clients stated financial objectives and borrowing requirements.

The advice and recommendations will be delivered to the Client in the form of a summary report issued by the Company. Under normal circumstances the report will contain a recommended Lenders Agreement In Principle (“AIP”) or a number of alternative options for consideration to support the borrowing requirement, and also a Funding Services Agreement (“FSA”). The AIP will contain details of the in principle offer(s) obtained for the client to consider along with lending rates, fees and other charges which may be payable.

The FSA will detail the schedule of services to be provided to the Client by the Company should they wish to proceed, the terms of engagement and any fees that the company will charge for providing its services and when these fees fall due. In addition it will point out the risks to the Client should they fail to keep up with the agree payment schedule on any Loan, Lease or Mortgage being arranged on their behalf. There is no obligation on the Client to accept any offer of funding recommended by the Company by way of the summary report and the Company will not usually apply any charges for the services provided to that point.

The client has the opportunity to review the summary report (AIP and FSA) as referred to above and to instruct the company to proceed or otherwise. Should the client wish to proceed he will be asked to sign and return the FSA document which is a formal and binding agreement under these terms of business. Upon receipt the company will initiate all necessary action to provision the financial service(s) as outlined in the summary report (AIP and FSA).

COMMISSIONS RECEIVED AND CHARGES FOR OUR SERVICES

The company derives revenues from commissions paid by the lending organisations and, if deemed appropriate, from fees charged to the client for arranging, packaging and managing finance applications through to successful completion. If a commission payment is to be received from Lenders this will be fully disclosed to the Client and will be stated on the summary report (AIP and FSA) as referred to above.

Any fees charged by the Company will only be applied on successful conclusion of the financial service transaction. The definition of ‘successful conclusion’ means the delivery to the Client of a formal offer of funding from a recommended lender pertaining to any loan, equipment lease, commercial mortgage, cashflow solution or any other financial service which has been requested by the Client and under which matter which the Company has received a formal instruction to proceed.

COMPLAINTS HANDLING POLICY

The Company works hard to provide a consistently high level of service to all Clients. Should any Client have a grievance or complaint to make to the Company this should be referred to the Company either by telephone 01202 800 100, via e-mail to stephen@abencapital.com (marking the subject title - Client Complaint) or by letter to : The Managing Director, Aben Capital, Hello House, 135 Somerford Road, Christchurch, England, BH23 3PY.

All complaints registered will be acknowledged within 2 business days and all matters relating will be handled either in person by the Managing Director of the Company or by a nominated senior member of staff. Every effort will made to resolve the complaint or grievance as quickly as possible and to the satisfaction of the Client.

WEB SITE LEGAL TERMS

Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these terms and conditions (the "Terms"). If you do not agree with these Terms, please do not use this Web Site.

GENERAL USE PROVISIONS

All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Us or by our respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of The Company and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of or The Company the Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without prior express written permission.

Except where expressly provided otherwise by The Company nothing on this Web Site shall be construed to confer any license under any of The Company or any Third Party Provider's intellectual property rights, whether by implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" below if you have any questions about obtaining such licenses.

Materials provided by Third Party Providers have not necessarily been independently reviewed, tested, certified, or authenticated in whole or in part. The Company does not promote, recommend, provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by The Company. The Company hereby grants you permission to display, copy, distribute and download The Company materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for unofficial disemmination; and (3) the Materials are not modified in any way.

This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorised use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

SOFTWARE USE

Software that may be made available to download from this Web Site ("Software") is the copyrighted work of The Company and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT. The Company HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

SUBMISSIONS

Except where expressly provided otherwise by us, all comments, feedback, information or materials submitted to us through or in association with this Web Site ("Submissions") shall be considered confidential.

You acknowledge that you are responsible for the Submissions that you provide, and that you and not us have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

DISCLAIMER

WHERE EXPRESSLY PROVIDED OTHERWISE BY THE COMPANY THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS", AND THE COMPANY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.

LIMITATION OF LIABILITY WE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, INVESTMENT, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST THE COMPANY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD THE COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE COMPANY FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

The Company Ltd controls this Web Site from its headquarters in the United Kingdom and makes no representation that these Materials are appropriate or available for use in other locations. The service is hosted in the UK at a location other than the company headquarters and as such you should be aware that any data that you submit travels to a secure server in another location. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

GENERAL

This Web Site may include inaccuracies or typographical errors. The Company and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. The Company may periodically make changes to the Website. Any action related to these Terms will be governed by the law prevailing in England and Wales and any superior EU legislature.

These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications.

The Company has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by The Company

INTELLECTUAL PROPERTY AND TRADEMARK NOTICES

Elements of the Web Site are protected by trade mark protection and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or re-transmitted unless expressly permitted by The Company.

The Aben Capital logo is a registered trademark and copyright protected. It must not be copied or reproduced in any way.

LEGAL CONTACT

Information you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact The Company either by e-mail to stephen@abencapital.com or by mail to the company address, sending any communication by registered post.