Inc & Co Capital

Legal

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the website www.incandcocapital.com which is operated by Inc & Co Capital Ltd, whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

 

1. General

1.1 The terms “we”, “us”, or “our”, refer to Inc & Co Capital Ltd

1.2 Inc & Co Capital Ltd is registered in England & Wales, company registration number 12070398. Registered office: Acre House, 11/15 William Road, London, NW1 3ER. Our main trading address is No 1, Spinningfields, Quay Street, Manchester, M3 3JE.

1.3 Our data protection number is xxx.

2. Accessing our site

2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

2.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.


2.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.


2.4 When using our site, you must comply with the provisions of our acceptable use policy.


2.5 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.


2.6 We process information about you in accordance with our privacy policy at https://www.incandcocapital.com/privacy-policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

2.7 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.


2.8 We try to meet highest standards of accessibility, but cannot guarantee that this site will be compatible with all hardware and software that may be used by visitors to the site.

3. Transactions concluded through our site

3.1 Limited company loan agreements terms and conditions

4. Materials in site and software rights


4.1 All copyrights, trademarks, patents, design rights, and other intellectual property rights relating to our site and the materials published on it (including, but not limited to, the underlying software, the design, graphics, layout, feel, and structure of our sites) will be and remain the sole property of us or our licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2 You may view, use, download, print off one copy and store the material on this site for personal use only and you may draw the attention of others within your organisation to material posted on our site. Commercial use is not permitted unless you have obtained a licence to use materials on our site for commercial purposes. Redistributing, republishing, copying, adapting the paper or digital copies of any materials you have printed off or downloaded in any way or otherwise making material on this site available to third parties is prohibited. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.


4.3 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.


4.4 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.5 The information in this website is given in good faith and for general information and interest only. It is subject to change without notice. We make every effort to ensure that the information on our websites is correct but we cannot guarantee that it is 100% free of inaccuracies, errors and omissions.

5. Our liability

5.1 Users of this site are responsible for any decisions they take based on information provided on the site and commentary and other materials on our site are not intended to amount to advice on which reliance should be placed. We disclaim all responsibility and liability (as far as permitted) for any loss arising from using or relying on information or links included in this site.


5.2 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:


5.2.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

5.2.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:

  1. a) loss of income or revenue; b) loss of business or other economic loss; c) loss of profits or contracts; d) loss of anticipated savings; e) loss or corruption of data; f) loss of goodwill; g) wasted management or office time; and h) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.


5.3 These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, or our liability for fraud or fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law and do not affect your statutory rights.


5.4 Arrangements made between you and any third party named or referred to on the site are entirely at your sole risk and responsibility.


5.5 Our sites may contain links to other sites, which are provided for your information only. The contents of those sites or resources are outside our control and are not covered by these terms and conditions. If you access other sites using the links provided, we accept no responsibility for the content of those sites, for the way in which they deal with you or use any information they may acquire about you or for any loss or damage that may arise from your use of them.

5.6 You agree to indemnify and hold us harmless from any liability, loss, claim, and expense (including reasonable legal fees) related to any breach by you of these terms and conditions or arising from your use of our site.

5.7 Our liability to you is limited to £1,000 for any event or related series of events and £2,000 for all events in any period of 12 months.

6. Your liability

6.1 You shall compensate us in full if we incur any losses or if any claims or legal proceedings are brought or threatened against us by any other person arising from your use of our website.

7. Uploading material to our site

7.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.


7.2 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

7.3 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

8. Viruses, hacking and other offences

8.1 You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.


8.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

8.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

9. Linking to our site

9.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.


9.2 You must not establish a link from any website that is not owned by you.


9.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

9.4 If you wish to make any use of material on our site other than that set out above, please address your request to [email protected].

10. Jurisdiction and applicable law

10.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

10.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

11. Variations

We reserve the right to change these terms and conditions from time to time, and the amended terms will be posted on this website. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

If you have any concerns about material which appears on our site, please contact us at [email protected]

Thank you for visiting our site.





This acceptable use policy sets out the terms between you and us under which you may access our site www.incandcocapital.com. This acceptable use policy applies to all users of and visitors to, our site.

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

  1. in any way that breaches any applicable local, national or international law or regulation;
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. for the purpose of harming or attempting to harm minors in any way;
  4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out below;
  5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or ay other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  1. not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Use.
  2. not to access without authority, interfere with, damage or disrupt: 2.1. any part of our site; 2.2. any equipment or network on which our site is stored; 2.3. any software used in the provision of our site; or 2.4. any equipment or network or software owned or used by any third party.

Content Standards

These Content Standards apply to any and all material which you contribute to our site.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  1. be accurate (where they state facts);
  2. be genuinely held (where they state opinions);
  3. comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  1. contain any material which is defamatory of any person;
  2. contain any material which is obscene, offensive, hateful or inflammatory;
  3. promote sexually explicit material;
  4. promote violence
  5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  6. infringe any copyright, database right or trade mark of any other person;
  7. be likely to deceive any person;
  8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  9. promote any illegal activity;
  10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  11. be likely to harass, upset, embarrass, alarm or annoy any other person;
  12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  13. give the impression that they emanate from us, if this is not the case;
  14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Use upon which you are permitted to use our site and may result in our taking all or any of the following actions:

  1. immediate, temporary or permanent withdrawal of your right to use our site;
  2. immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
  3. issue of a warning to you;
  4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  5. further legal action against you;
  6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changed we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.





At Inc & Co Capital Ltd, we’re committed to keeping your information private and secure. This notice sets out the personal data we collect and what we will do with it.

If you have any questions about this policy, you can email as at [email protected] You can also write to us at No 1 Spinningfields, Quay Street, Manchester, M3 3JE.

You can also contact our Data Protection Officer by emailing [email protected]ocapital.com

The data that we collect

We will collect personal data on anyone who submits an application to Inc & Co Capital, any additional directors or shareholders of a limited company, any partners of a limited liability partnership and any loan guarantors.

We may collect and process the following personal data about you:

  • Your name, date of birth, residential address, email address and phone number
  • If you take funding from us, your account information such as transaction and repayment history
  • Where you are a sole trader, additional information that helps us to understand your personal ability to afford repayments (such as income and expenditure and number of dependents)
  • Documentary evidence confirming your identity and address (such as a passport, driving licence or council tax bill)
  • Records of communications (e.g. call recordings, emails and chat transcripts)
  • Technical information about your device and website usage (please see our Cookie Policy for more details)
  • Information about your personal finances (including bank statements)
  • Other information that you provide to us voluntarily

This information may have been collected directly from you through your online account or may have been submitted by someone else, such as another director of the company or a broker. We may also obtain information about you from credit reference and fraud prevention agencies, please see the section on data sharing below for more detail.

What we will do with your data

Before we provide services, goods or financing to you, 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.

Your personal data will be used to prevent fraud and money laundering, and to verify your identity. The personal information that will be processed as part of such checks includes the type of personal data described above.

We process your personal data on the basis that we have a legitimate interest in preventing fraud and money laundering, in order to protect our business and to comply with laws. Such processing is also a contractual requirement of the services or financing you have requested.

Below is a list of the other ways in which we may use your personal data, the reasons we rely on to do so and what our legitimate interests are.

Processing activity

Reasons

Our legitimate interests

Where you are a sole trader or a guarantor, conducting personal credit checks as described below

To fulfill our contract with you

To comply with our legal obligations

For our legitimate interests

Assessing you/your business’ eligibility for credit

Setting up, administering and managing our customers’ accounts

To fulfill our contract with you

To comply with our legal obligations

For our legitimate interests

Effectively managing our relationship with you and your business

Conducting risk modelling and analysis

For our legitimate interests

Continuously improving the services that we provide to you and other customers

Marketing our products and services to you (which you can choose to opt-out from)

For our legitimate interests

Continuously improving the services that we provide to you and other customers

In some instances, we may use your data in ways that are not described above. However, we will inform you before doing so.

Data sharing

We may share your personal information with third parties in the following circumstances:

  • We may report to credit reference and fraud agencies as described below
  • In accordance with our legal obligations, we may permit law enforcement agencies to access and use your personal data to detect, investigate and prevent crime
  • We may use the following third party processors to assist us in providing services to you:
    • Providers of software platforms which enable us to provide services to you and your business (such services will include email, data analytics, hosting and data storage)
    • Our contractor, Inc & Co, which processes some of our applications and helps us make fast decisions
    • Providers of telecommunications and postal mail services
    • Social media sites, for the purposes of conducting market research and running marketing campaigns (it is important to note that when sharing data with these sites, we ensure that your data is only used in accordance with our instructions)
  • If your details were originally passed to Inc & Co Capital via a third party (such as a referral platform or financial broker) we may report your application outcome and loan status back to that platform; and
  • We may instruct third parties to act on our behalf in order to collect an outstanding debt.

Credit reference agencies

In order to process your application, we will perform credit and identity checks on you with one or more credit reference agencies (either Equifax, Experian, Creditsafe or Callcredit). We may also make periodic searches at credit reference agencies to manage your account with us.

To do this, we will supply your name, date of birth and address history to the credit reference agencies and they will give us information about you. Credit reference agencies will supply to us both public (including electoral register) and shared credit, financial situation, financial history, and fraud prevention information.

We will use this information to:

  • Assess your creditworthiness and whether you can afford to take the product
  • Verify the accuracy of the data you have provided us
  • Prevent criminal activity, fraud and money laundering
  • Manage your account(s), including conducting ongoing credit checks to ensure that you or your business remains eligible for the agreed credit facility
  • Trace and recover debts

In utilising the data held with credit reference agencies, we must abide by the Principles of Reciprocity by contributing the same level of credit performance data that we receive. As such, we will continue to exchange information about your repayment history with credit reference agencies while you have a relationship with us. We will also inform the credit reference agencies about your settled accounts. If you borrow and do not repay in full and on time, credit reference agencies will record the outstanding debt. This information will be provided to other organisations than run a credit check on you with the credit reference agencies, such as other finance providers.

When credit reference agencies receive a search from us they will place a search footprint on your credit file that may be seen by other lenders.

The identities of the credit reference agencies, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share information, data retention periods and your data protection rights with the credit reference agencies are explained in the Credit Reference Agency Information Notice (“CRAIN”). The CRAIN is accessible from each of the three credit reference agencies – clicking on each of these three links will take you to the same CRAIN document:

Identity, fraud and money laundering

Whenever fraud prevention agencies transfer your personal data outside of the EU, they impose contractual obligations on the recipients of that data to protect your personal data to the standard required in the EU. They may also require the recipient to subscribe to ‘international frameworks’ intended to enable secure data sharing.

Inc & Co Group Ltd, mentioned above, is based in Manchester, UK. Strict controls are in place to monitor the operations of Inc & Co Group Ltd and our contract with them includes the EU’s Standard Contractual Clauses which ensure adequate safeguards for your data and privacy rights.

When sharing your personal data with other 3rd party processors as described above, this data may be may stored on databases outside of the EU. In such cases, we will impose contractual obligations on them in order to protect your data to the standard required in the EU and ensure that your data and privacy rights are not infringed. This may also involve requiring third parties to subscribe to recognised international frameworks intended to enable secure data sharing, for example the Standard Contractual Clauses, or, where the personal data is transferred to the USA, the Privacy Shield certification program.

Standard Contractual Clauses and confirmation of Privacy Shield certification are available on request.

Automated Decisions

We may also automatically decide whether or not to lend to you or your business, how much to lend, at what interest rate and under what terms.

You have rights in relation to automated decision making, such as the right to request human intervention or challenge a decision in certain circumstances. If you want to know more, please contact us using the contact details above.

Retention

The period for which we may retain data about you will depend on the purposes for which the data was collected, whether you have requested deletion of the data, and whether we have any legal obligation to retain the data (for example, for regulatory compliance). We will not retain data about you for longer than is necessary to fulfil the purposes for which the data was collected. For example, we will typically keep your data for up to 10 years after you last had an active account or product with us, or after you made or started an application. We may keep your personal data for a longer period where it is necessary for legal, regulatory or operational purposes.

Protecting your data

We implement, and regularly review, technical and organisational measures designed to protect personal data that we process from unauthorised disclosure, use, alteration or destruction. For example, we limit staff access to personal data and enforce two-factor authentication.

Your rights

Your personal data is protected by legal rights, which include your right to:

  • Object to, or request a restriction of, our processing of your personal data (for example, you can request that we don’t use your personal data for purposes of direct marketing)
  • Request that your personal data is erased or corrected
  • Request access to your personal data
  • Obtain and reuse certain personal data for your own purposes
  • For more information or to exercise your data protection rights, please contact us using the contact details above.

You also have a right to complain to the Information Commissioner’s Office, which is the UK regulator which upholds rights in relation to individual’s personal data.

Changes to this notice

We may update this notice (and any supplemental privacy notice), from time to time. We will notify of the changes where required by law to do so.

Last modified – May 2018

Job candidates

At Inc & Co Capital, we’re committed to keeping your information private and secure. This notice sets out the personal data we collect and what we will do with it. This notice is applicable to all candidates applying for, or enquiring about, a role within Inc & Co Capital. If you have any questions about this policy, you can email us at [email protected]  or write to us at Inc & Co Capital Ltd, No 1 Spinningfields, Quay Street, Manchester, M3 3JE. You can also contact our Data Protection Officer by emailing [email protected].

The personal data we collect

We will collect personal data on anyone who submits a CV to us or applies for a role at Inc & Co Capital. We may collect and process the following personal data about you:

  • Your name, date of birth, residential address, email address, phone number and nationality.
  • Your CV and any supporting documentation (such as proof of qualifications).
  • Any other information you voluntarily provide to us.

This information may have been collected directly from you or may have been submitted by someone else, such as a recruitment agency.

We may also process technical information about your device and website usage (please see our Cookie Policy for more details) as well as internal records concerning:

  • Your communications with us (e.g. emails)
  • Interview notes
  • Any test or assessment results

We may also collect and process publicly available information about your career experience and qualifications from sources such as LinkedIn.

What we will do with your data

The personal information you provide us will only be used for the purposes of assessing your suitability for a role within Inc & Co Capital, conducting interviews and managing the recruitment process. This is on the basis that we have a legitimate interest in ensuring that we have the right talent to help drive the business.

Data transfers outside the European Union

The software providers mentioned above may store data on databases outside of the EU. In such cases, we will impose contractual obligations on them in order to protect your data to the standard required in the EU and ensure that your data and privacy rights are not infringed. This may also involve requiring third parties to subscribe to recognised international frameworks intended to enable secure data sharing, for example the Standard Contractual Clauses, or, where personal data is transferred to the USA, the Privacy Shield certification program.

Standard Contractual Clauses and confirmation of Privacy Shield certification are available on request.

How long will we retain your information for?

The period for which we may retain data about you will depend on the purposes for which the data was collected, whether you have requested deletion of the data, and whether any legal obligations require the retention of the data (for example, for legal or regulatory compliance). We will not retain data about you for longer than is necessary to fulfil the purposes for which the data was collected.

For example, if your application is unsuccessful, we will typically keep your data for up to 18 months from the date of your last communication with us. For successful applicants, we will typically keep your data for up to 10 years after your employment has ended. We may keep your personal data for a longer period where it is necessary for legal, regulatory or operational purposes.

Automated decisions

As part of assessing your application, decisions may be made by automated means. This means we may automatically decide not to proceed with your application due to your ineligibility to work in the UK.

Your rights

Your personal data is protected by legal rights, which include your right to:

  • Object to, or request a restriction of, our processing of your personal data
  • Request that your personal data is erased or corrected
  • Request access to your personal data
  • Obtain and reuse certain personal data for your own purposes

For more information or to exercise your data protection rights, please contact us using the contact details above.

You also have the right to complain to the Information Commissioner’s Office, which is the UK regulator which upholds rights in relation to individuals’ personal data.

We may update this notice (and any supplemental privacy notice), from time to time. We will notify of the changes where required by law to do so.

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