TAB Privacy Notice

Introduction

Thank you for reading our privacy notice.

We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

1. Important information and who we are

1.1. Purpose of this privacy notice

This privacy notice aims to give you information on how we collect and process your personal data, including any data you may provide to us directly via our website, platform or otherwise.

It is important that you read this privacy notice together with any other privacy notice, fair processing notice or privacy policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

1.2. Controller

TAB is an alternative finance and property investment platform which offers investors the opportunity to make loans secured against, and equity investments into, UK properties.

TAB is made up of several legal entities including TAB London Limited (ICO registration number: ZA334719), TAB London Property Limited (ICO registration number: ZA792142), TAB Dev Limited (ICO Registration number: ZA761591) and TAB PM Limited (ICO registration number: ZB037859). This privacy notice is issued on behalf of the TAB Group so when we mention the company, we, us or our in this privacy notice, we are referring to the relevant company in the TAB Group responsible for processing your data.

We have appointed a data protection manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data protection manager using the details set out below.

1.3. Contact details

Full name of legal entity: TAB London Limited
Name or title of Data Protection Manager: Mathura Paramjorthy
Email address: help@tabhq.com
Contact address: The Grain Yard, 5 Little Hays, Borehamwood, WD6 4PH
Telephone number: 0208 057 9070

1.4. Changes to the privacy notice and your duty to inform us of changes

We review our use of your personal data regularly. In doing so, we can change what personal data we collect, how we keep it and what we do with it. As a result, we may change this notice from time to time to keep it relevant and up to date.

Any changes will be immediately posted on our websites and we recommend that you check this page regularly to keep up to date. This version was last updated on 24th July 2023 and historic version can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

1.5. Third party links

Our website and platform may include links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party websites and are not responsible for their privacy statements. When you leave our website or platform, we encourage you to read the privacy notice of every third party website you visit.

2. The data we collect about you

2.1. Personal data

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, National Insurance number, title, gender, date of birth and residency. We may also collect identification documents and information (such as your passport or driving licence) or image either a photo or video (where required as part of our anti-money laundering checks)..
• Contact Data includes current address, previous address (where required), email address and telephone numbers.
• Financial Data includes bank details, information about your work or profession, your financial position and history, which may include source of funds, source of wealth, bankruptcy or insolvency filings.
• Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
• Technical Data includes cookies, internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website and platform.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page and other similar information about how you use our website, platform and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website or platform feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not generally collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). We may however, collect Special Categories of Personal Data such as information about your health, including any medical condition to allow us to help vulnerable customers. We will only collect the minimum amount of information required.

Where permitted by law we may process information about criminal convictions, criminal offences, related security details, alleged offences including unproven allegations, spent or previous convictions, or other details provided in relation to a criminal reference check or similar.

2.2. If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

3.1. Direct interactions.

You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• avail of our services;
• create an account on our website or platform;
• update your information (such as when you change your address)
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a promotion or survey; or
• give us some feedback.

3.2. Automated technologies or interactions.

As you interact with our website and platform, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. We will ask you to consent to our use of cookies when you first visit our website. You can reset your cookie preferences as part of our Cookie Policy https://tabhq.com/cookie-policy

3.3. Third parties or publicly available sources.

We may receive personal data about you from various third parties and public sources.

1. Technical Data from the following parties:
• analytics providers;
• advertising networks; and
• search information providers.
2. Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
3. Identity and Contact Data from data brokers or aggregators.
4. Identity, Contact and Financial Data from publicly available sources such as Companies House, the Electoral Register and HM Land Registry.
5. Identity, Contact and Financial Data from AML / anti-fraud and Credit Reference Agencies.
6. Identity, Contact, Financial, Transaction Data from people acting on your behalf. This could be from your solicitor, a broker, as part of a joint application on an account (e.g. joint, partnership or corporate applications) or anyone nominated to act on your behalf, including a Power of Attorney. If someone acting on your behalf provides this information, we will record what’s been provided and who gave it to us.
7. In the event that you are providing information about another individual, you must make sure that you have their permission before you share their data with us or make decisions on their behalf about how we use their data, including credit checks. Please make them aware of this privacy notice.
8. Sometimes we may use other data in addition to this, for example we may use data that you have made public such as when you reference or interact with us via social media.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and f undamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by emailing help@tabhq.com.

5. Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us by emailing help@tabhq.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us via the Support section of our website.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

6. Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

6.1. Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

6.2. Third party marketing

We will get your express opt-in consent before we share your personal data with any company outside our group of companies for marketing purposes.

6.3. Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us by emailing help@tabhq.com.

Where you opt out of receiving marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

7. Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us by emailing help@tabhq.com.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

8. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 5 above.

8.1. Internal Third Parties

Other companies in our corporate group who may act as joint controllers or processors and who may be based inside or outside the UK.

8.2. External Third Parties

These are service providers who may act as processors based inside or outside the UK and who provide IT, system administration and other services.

We use the providers below as part of our due diligence, anti-money laundering and credit checks. We supply information to them based on the information you provide.

• Equifax: https://www.equifax.co.uk/privacy/en_gb/
• SmartSearch: https://www.smartsearchsecure.com/dpa

We share your name, email address and the product/service you purchased (as obtained during the order process) with Feefo, who will send you an email on our behalf asking you to complete a review. Our legal basis for doing this is our legitimate interest in asking for feedback in order to improve our products and services.

• Please see Feefo's privacy policy for more information on how Feefo uses the reviews you submit: https://www.feefo.com/en/business/privacy-policy

We may also share your personal data with:

• Professional advisers who may act as processors including lawyers, bankers, auditors, valuers and insurers based inside or outside the UK who provide consultancy, banking, legal, insurance and accounting services.
• Brokers or advisors about your application or the performance of your loan and/or investment.
• HM Revenue & Customs, regulators, law enforcement and other authorities who may act as processors based inside or outside the UK/EU who require reporting of processing activities in certain circumstances.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

8.3 Sharing with CRA's

In order to process your application, we will perform credit and identity checks on you with one or more Credit Reference Agencies (CRAs). We may also carry out further periodic searches at CRA’s to allow us to manage your account with us.
To do this, we will supply your personal information to CRAs. This will include your name, date of birth and residential address. It may also include additional information such as your salary, previous residential addresses and other information you provide as part of your credit application.
The CRAs will match this information to the records they hold about you, and provide in return, both public information (including the electoral register) and shared credit information in relation to your financial situation and financial history.
CRA’s will supply to us both public (including the electoral register) and shared credit, financial situation and financial history information 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 to us;
• Prevent criminal activity, e.g fraud and money laundering;
• Manage your account(s);
• Trace and recover any debts; and
• Ensure any offers provided to you are appropriate to your circumstances.

We will continue to exchange information about you with CRA’s while you have a relationship with us. We will also inform the CRA’s about your settled accounts. If you borrow and do not repay in full or on time, CRA’s will record the outstanding debt. This information may be supplied to other organisations by CRA’s
When CRA’s receive a search from us they will place a search footprint on your credit file that may be seen by other lenders.
If you are making a joint application, or tell us that you have a spouse of a financial associate, we will link your records together, so you should make sure you discuss this with them, and share with them this information, before lodging the application. CRA’s will also link your records together and these links will remain on your and their files until such time as your partner successfully files for a disassociation with the CRA’s to break the link.
The identities of the CRA’s, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRA’s are explained in more detail below.

• SmartSearch: https://www.smartsearchsecure.com/dpa
• Equifax: www.equifax.co.uk/crain

We share your name, email address and the product/service you purchased (as obtained during the order process) with Feefo, who will send you an email on our behalf asking you to complete a review. Our legal basis for doing this is our legitimate interest in asking for feedback in order to improve our products and services.

• Please see Feefo’s privacy policy for more information on how Feefo uses the reviews you submit: https://www.feefo.com/en/business/privacy-policy

We may also share your personal data with:

• Professional advisers who may act as processors including lawyers, bankers, auditors, valuers and insurers based inside or outside the UK who provide consultancy, banking, legal, insurance and accounting services.
• Brokers or advisors about your application or the performance of your loan and/or investment.
• HM Revenue & Customs, regulators, law enforcement and other authorities who may act as processors based inside or outside the UK who require reporting of processing activities in certain circumstances. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

8.4. Other

Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

9. International transfers

TAB is based in the United Kingdom. Some of our external third parties may be based outside the UK so the processing of your personal data may involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. The UK Government formally confirmed in the UK Data Protection Act 2018 that the EEA is adequate for personal data flows from the UK without the need for additional safeguards, including Standard Contractual Clauses.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

Please contact us by emailing help@tabhq.com if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

10. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

11. Data retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our borrowers and investors. (including Contact, Identity, Financial and Transaction Data) for at least six years after they cease being a borrower or investors for tax purposes. Note that we may need to retain information for longer periods in order for defence of legal claims or litigation - such as recovery of an advance.

Details of other retention periods for different aspects of your personal data are contained in our retention policy which you can request from us by contacting us by emailing help@tabhq.com.

In some circumstances you can ask us to delete your data and in some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

12. Your legal rights

You have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
• Request human intervention. Automated decision-making takes place when an electronic system uses personal information to make decisions without human intervention. At present, there are no fully automated decision making or profiling systems in use within TAB. This means that this right does not currently apply to any processing activities.
• Make a complaint. You have the right to make a complaint at any time to the Information Commissioners Office (ICO), the UK supervisory authority for data protection issues at https://www.ico.org.uk, by telephone on 0303 123 1113, or by writing to them at Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

13. No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

14. What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

15. Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

If you wish to exercise any of the rights set out above, please email us at help@tabhq.com.