The terms ‘FairSquare’ or ‘us’ or ‘we’ refers to FairSquare Europe Limited whose registered office is 3rd Floor, 3 Brindley Place, Birmingham B1 2JB. Our company registration number is 09362665. The term ‘you’ ‘customer’ refers to you the credit applicant.
This document outlines the way FairSquare shall carry out their work for you, and will form your contract with FairSquare with particular reference to:
- The role of FairSquare as a Credit Broker and Information about us
- Our sales terms for the sale and supply of the vehicle by us to you on finance terms with one of our panel lenders
- Information about your rights to cancel which can be found here
- Our transaction and decline process
- Data processing and credit searches (set out in our Data Protection and fair processing notice as set out below)
- Our Complaints procedure which can be found here.
By clicking on the ‘I agree to these terms’ box you agree that you:-
- Accept our Terms of Business contained herein:
- Have read and understood the information about your rights to cancel
- Acknowledge that FairSquare shall act as a credit broker in making any referral or introduction of you to any member of the funding panel;
- Acknowledge that in making any such referrals or introductions, no advice or recommendations have been given by FairSquare;
- Accept that these terms and conditions shall apply to all activities and transactions arranged by FairSquare;
- Are a UK resident and hold a UK bank account.
We confirm that your signature of this document does not commit you to pay any fee or charges to us in connection with our broker activities. Furthermore, you are not obliged to enter into any finance agreement that we may introduce or refer you to.
For the avoidance of doubt, you will have the option to opt out of future marketing at the conclusion of this contract.
Finally, as part of the application process, when you set up your FairSquare account, you will be requested to provide us with an e-mail address and your mobile number in order that we can send you an e-mail to your e-mail address or SMS to your mobile phone which you hereby consent and authorise us to send private and confidential information to you (including but not limited to, credit decisions and access to financial documents).
If this email address or mobile phone number changes you must notify us of this so that we can update our records
FairSquare Europe Limited of 3rd Floor, 3 Brindley Place, Birmingham B1 2JB is authorised and regulated by the Financial Conduct Authority (“FCA”) with Full Authorisation to conduct credit related regulated activities (“FCA registration number 715086”). You can check these details on the FCA’s register by visiting the FCA’s website or by contacting the FCA on 0845 606 1234.
FairSquare Europe Limited is authorised to trade under the following trading names; FairSquare and FairSquare.com.
FairSquare Europe Limited (“FairSquare”) is a credit broker. This means that FairSquare will arrange finance for you to buy a vehicle supplied by us for your personal use and in doing so will introduce you to our pre-selected lenders facilitated via our on-line platform. In the event that you decide to take out a personal credit, FairSquare will also be the seller of the vehicle to you the purchaser of the vehicle. Please note that FairSquare are not a Lender themselves but use a panel of lenders to introduce finance options to you. Our services are for us to supply the vehicle to you on finance via our panel of lenders. we can only provide finance via one of panel lenders and no wider. In arranging finance, we do not conduct a market appraisal and we do not give any assurance or undertaking that the terms offered are the most competitive on the market. As a credit broker, we maintain a panel of lenders who are reputable and experienced in the motor finance sector and offer products to suit a variety of credit strengths. Whilst we will do our best to source a competitive and suitable finance option across a relevant product range, the decision on whether or not to accept finance is your responsibility. All finance is subject to status and terms and conditions will apply. Whether you are offered finance and upon what terms will depend on a variety of factors including your, income, credit rating, creditworthiness and affordability.
When acting as a credit broker, FairSquare will act entirely independently in sourcing credit from our panel of lenders in relation to sourcing Hire Purchase and Personal Contract Plans finance agreements for you to select from.
If you select a Personal Credit, when acting as a credit broker, FairSquare will act exclusively with Hitachi currently in sourcing finance for your vehicle by way of a Credit Agreement.
FairSquare are committed to ensuring that your application for credit are placed with the most appropriate funder(s) to present you with your full options of lenders that might meet your credit profile for you to consider and select from should you wish to proceed to finance your vehicle via our website. The finance arrangement with be with the lender and not us as a credit broker.
Please note our commission arrangements set out below.
WHAT FINANCIAL PRODUCTS DO WE OFFER?
FairSquare is a supplier of the vehicle that you decide to order via our website and a credit broker and we can introduce you to our panel of lenders but we are not a lender. We are able to introduce you to a range of finance providers who offer Personal Contract Purchase agreements and Hire Purchase agreements and currently one funder that offers Fixed Sum Credit agreements. Please see our Product Information Guides for further information.
Please note that it may be that the actual products available via our lending panel are restricted due to the financial purpose, business structure or credit appetite of certain lenders. Some finance products will include a documentation fee which is determined by the lender and usually collected with either the first or the final payment.
You should make sure that you are comfortable with the finance product offered by the lender and that it suits your needs and circumstances and that you can afford to make the re-payments.
There is no charge to you for FairSquare arranging finance for you. We will however receive a finance commission from the lender who provides you with the finance to purchase your vehicle. The amount of commission is below market average and is the same for every lender with no additional volume bonus or incentives.
We may choose to pay some of this commission to a referring party.
INFORMATION AND USE OF OUR SITE
We do our best to ensure that the information on the Site is accurate and helpful at all times. However, the information is general in nature, and is intended as a guide only to the types of products and services offered by FairSquare. Users are advised to consult with FairSquare and to check any product or service information for specific information.
You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site. You are solely responsible for any information submitted by you to our site. You are responsible for ensuring that all information supplied by you is accurate, up-to-date and not misleading or likely to mislead or deceive.
THIRD PARTY SITES
This Site may include links to other websites such as our panel of finance providers which are not owned, operated, or controlled by FairSquare. FairSquare provides you with such links solely for your convenience. The inclusion of such links does not mean or imply that FairSquare endorses the Third Party Websites, its availability or contents or any agreement or understanding you enter into with a third party through a Third Party Website.
FairSquare does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these Third Party Websites.
Use of this Site, Third Party Websites, links to the Third Party Websites, and any information available via the Site is at your own risk.
We do our best to ensure that the Site operates properly at all times, but we make no warranties as to the availability or accessibility of the Site, and (save as otherwise set out in these Terms and Conditions) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Site FairSquare will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Site, any Third Party Websites, links to Third Party Websites, the information or any products or services offered on or through this Site or Third Party Website, whether by FairSquare or on its behalf, for any economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or: loss of goodwill or reputation; or special or indirect or consequential loss.
FairSquare will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Site for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium.
Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of FairSquare or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law. Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
We agree to supply the vehicle to you that you have selected from our website once the finance agreement has been signed by you and the finance provider.
Where you select Hire Purchase or Personal Contract Plan finance terms, the finance company will purchase the vehicle that you have selected from us for the purpose of financing the vehicle to you on the finance terms agreed between you and them. Where you have selected a credit agreement, the supply of the goods will be by us to you and funded by the finance company under the terms of the credit agreement.
You may use our website to finance and order a new vehicle. The online order process allows you to decide on the vehicle you want, decide on your finance from the products our finance panel have available via our panel of lenders and submit your order request. You will be required to complete the relevant contractual documentation for the finance product once you have selected your vehicle via our website and linking into the lender’s website. Further information is explained below.
By using our online order process, you will be required to apply for finance as you cannot buy a vehicle from us without finance as we do not offer this. You must be over 18 to apply and it is subject to status. Before submitting your order, you will be requested to complete an application process to verify your identity, conduct a credit assessment. Further information is explained below. You will need to provide us with certain information about you and answer questions to our satisfaction. If your application is declined or cannot be processed, we will let you know as detailed in our decline process below. If your application is successful, then you will proceed to the lender’s website with whom you have chosen to finance your vehicle.
Whenever you order a vehicle through our website, you must agree to pay for your new vehicle through one of the finance providers.
AVAILABILITY OF OUR WEBSITE TO ORDER AND FINANCE VEHICLES
Our website can be used to order vehicles for delivery only in England and Wales, by customers with a valid and up to date Great Britain driving licence.
By making an application through our website, you are stating your intention to select finance if available to you via one of panel of lenders subject to these terms and conditions and the terms of your finance agreement.
Completion of your order and delivery or handover of your new vehicle is conditional on you signing the finance agreement with your chosen lender. The lender will provide instructions and guidance on how to return your signed finance agreement.
By signing and returning the finance agreement you are making an offer to enter into the finance agreement. The finance providers acceptance of your offer to enter into your chosen finance package will take place after you have signed the finance agreement and provided all documentation requested by us and/or the finance company and us and they will determine if the documentation is completed to its satisfaction and we and/or the finance company will contact you if there are any issues) and the finance company has confirmed acceptance to you.
Once the finance company has confirmed acceptance of your offer, a contract will be formed between you and the finance company for the finance and use of your new vehicle. The vehicle will not be released to you until the finance agreement is signed by both parties. Should you have selected a personal / fixed term credit agreement, FairSquare will not supply the vehicle until the finance agreement is signed and confirmation is received from the finance company that funds will be released to FairSquare upon delivery of the vehicle.
If we are unable to accept your order because of factory or supplier related issues prior to the date of delivery or for any other reason; we will inform you of this and let you know of any other ways by which you can obtain your new vehicle.
When you order a vehicle through our website, you will be provided with information about the price of your vehicle at different stages of your online journey. This will always reflect the discounts we have applied to the price and it is this discounted price that will be used to calculate your monthly repayments on your finance agreement.
At the start of your journey, the price displayed against your selected vehicle will always be based on the Manufacturer’s Recommended Retail Price, The “OTR price” means the Manufacturer’s Recommended Retail Price without any manufacturer discount or saving applied.
As you continue through your online journey, you will have the option to customise and personalise your selected vehicle. If, through the course of this process, you add or remove certain accessories or extras to your selected vehicle, the price of such accessories or extras (fully fitted) will be added to the vehicle price, which, as mentioned above, is referred to as the OTR price. Should you wish to add accessories or extras to your selected vehicle which are not available on our website, please contact us. As you continue through your online journey, you may be offered a further contribution or discount to the OTR price so the price set out in your order summary may be different from the price displayed at the start of your online journey.
The price that you actually pay for your new vehicle will only ever be the OTR price or less.
The Purchase Price is the price for the Vehicle, including where applicable accessories, excluding vehicle excise duty, delivery, minimum 6 months Road Fund Licence (used vehicles) and 12 months Road Fund Licence (new vehicles) and VAT, current at the date of the order.
If the rate or amount of vehicle excise duty or VAT changes between the date of order and the date of delivery, you must pay the amount current at the date of delivery.
It is Your responsibility to source and pay for a fully comprehensive motor insurance policy to cover the vehicle.
If you place an order for a vehicle through our website, we will ask you to pay a refundable reservation fee of £200. This will either be applied against your chosen deposit amount on your finance agreement or will be returned to you in full if you cancel your order provided that you have not concluded your finance agreement, within 14 days of you notifying us of such cancellation or, if you proceed with your order and it is accepted, prior to delivery of your new vehicle. The deposit payment is also refundable if FairSquare are unable to secure the vehicle you have chosen for some reason.
Prior to delivery of your new vehicle, we will contact you to take payment of your remaining deposit where either or both of these are applicable.
Please note that there are limitations on the amount you can pay as a deposit towards your new vehicle (which can range from 0 – 40% of a vehicle’s purchase price).
Any card payment that we take from you will be directed through a secure payment portal and your card details will not be stored by us. Any refund (of the reservation fee or that you may otherwise be owed) will be made via the same secure payment portal and to the same card that you used to pay with. If your card has been cancelled, expired or has otherwise changed, please inform us immediately. If you fail to do this and a refund is made to your original card, you may need to coordinate with your bank or your payment services provider to obtain your refund.
Please note that at present we only accept payment via debit card. We do not accept payment via pre-paid card or any other payment methods including but not limited to Apple Pay and/or PayPal.
All payments are taken on behalf of FairSquare by World Pay. Where a refund is requested, FairSquare will process the refund promptly. However please note that it can take up to 10 days to appear as available funds in your account. All refunds will be made via the same method that they were originally paid.
FairSquare undertakes that they will ensure that the pre-delivery work specified by their manufacturer or supplier is performed and that they will use their best endeavours to obtain for you from the manufacturer or supplier the benefit of any warranty or guarantee given by them to FairSquare or to the Customer in respect of the Goods. Where this is not possible and on all used vehicles, FairSquare will arrange a minimum 6 months warranty from a third-party provide
Any new vehicle will be supplied with 12 months Road Fund Licence included, Any used vehicle will be supplied with 6 months Road Fund Licence included, payable by customer.
The vehicles available to order through our website are from our current manufacturable range. Certain vehicles or models may not be available depending on the finance package that you select.
The images of the vehicles and the size and dimension icons and indicators on our website are for illustrative purposes only. Although we have made every effort to display the sizes and colours of our vehicles, accessories and trim accurately, we cannot guarantee that your PC, laptop, tablet or phone will display the sizes or colours accurately to reflect the actual size or colour of the vehicles. Your new vehicle may vary slightly from those images.
IDENTIFICATION AND CREDIT CHECKS
Where you order a vehicle through our website, we will use the information you provide us with to carry out identity checks and confirm you are who you say you are. This will include searching information held by credit reference agencies and the electoral roll to verify your identity and the information you provide. We will ask you for information only known to you to confirm your identity and compare your answers against the records we search against.
If we cannot verify your identity through these methods, you will not be able to order a vehicle on our website and we will contact you to discuss this.
As part of your finance application, we and/or the finance provider you select will also carry out credit checks and/or search your credit file, and we will ask for your consent to this. We will only use licensed credit reference and/or fraud prevention agencies who will keep a record of the search and your application.
If you apply for a finance package but are unsuccessful this may affect your credit rating and/or credit score. If you are unsuccessful we will confirm the name and contact details of the agency where we obtained our information and we may pass your details to the finance company who may contact you to discuss other finance options with you.
You shall not provide false information or data including false names, addresses and/or contact or payment details or engage in any unlawful activity in connection with our website and/or your order for a new vehicle or the part exchange of your existing vehicle.
If we reasonably believe your order or information or data provided by you is fraudulent or you have otherwise violated any applicable law when placing your order or using our website, even if we have accepted your order, we reserve the right to cancel it and in such circumstances, FairSquare reserves its right to terminate any contract with you. We may also tell fraud prevention agencies about your fraudulent application and share the information you provided with them.
RISK AND OWNERSHIP
Your new vehicle will be your responsibility from the time we deliver the vehicle to your home address.
You will not own the vehicle until the finance provider has received payment in full, including the optional final payment where you finance the vehicle under a Personal Contract Plan or Hire Purchase Agreement. Where you finance the vehicle by was of a personal credit agreement, you will own the vehicle as soon as FairSquare have been paid for the vehicle via the finance provider. Please refer to your finance agreement for further details.
You will be the registered keeper of the vehicle and you are responsible for taxing, insuring and servicing the vehicle while you remain the registered keeper.
If delivery of your new vehicle is delayed by an event outside our control or the control of our delivery company then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract with the finance provider and receive a refund for any amounts that you have already paid in respect of your vehicle.
(a) All New or nearly new vehicles are covered by the full or remaining standard manufacturer warranty
(b) All Used vehicles, where a manufacturer warranty has expired, are covered by a complimentary 6 month warranty from a third party such as Auto Protect.
BUYING YOUR VEHICLE ON FINANCE APPLICATION PROCESS
As a credit broker, FairSquare have due regard to the FCA’s rules and principles of business.to strive to satisfy these through its regulatory processes. FairSquare aim to ensure its customers are provided with clear and transparent communications throughout the transaction process.
In order to make a finance application, we will need to take some details from you. We also need your consent to pass on your information to our panel of lenders so that they can assess your finance application.
PROPOSAL AND ORDER PROCESS
When sourcing available credit, we will submit multiple finance proposals via our website to our panel of lenders.
We have set out below the process on using our on-line website to order your vehicle and select your finance agreement. Please note that we can only offer the sale of your vehicle on finance terms and this is subject to availability of your vehicle and finance being available to you subject to your credit status and creditworthiness and affordability checks.
Stage 1 – Generating Likely Finance Quotes
Following you selecting the vehicle that you wish to purchase from us you will be asked to create an account to generate likely finance quotes. In order for FairSquare to generate your likely finance quotes, FairSquare will perform a soft search on you. This does not leave a footprint on your credit file. In order to generate your likely quotes you will be asked to provide personal information such as your full name, three-year address history and your date of birth. This data is only passed to our credit reference agency at this stage to provide us with your credit data including your credit history. At this stage of the application process, your credit data is not shared with any of our panel lenders.
Following receipt from the credit reference agency of your credit data, FairSquare assess your credit data and compare it against our panel lenders credit risk appetite to assess which panel lenders fit your credit criteria.
The FairSquare system will then generate and present to you via the secure website likely finance offers from our panel of lenders. The lenders that provide you with a likely finance offer may vary depending upon the level of deposit that you select to put down on your vehicle. The FairSquare system will provide you with an opportunity to vary your deposit as this may generate more likely offers from our wider panel of lenders
Stage 2 – Generate Confirmed Offers
Following receipt of any likely offers and should you wish to proceed with the submitting your credit application, you can proceed via the link to the ‘Generate Confirmed Offers’ page.
You will then receive a prompt to enter your income, employment, bank details and any other necessary information to proceed to generating a confirmed offer to finance your vehicle.
Your application will then be submitted to any or all of our panel of lenders that provided a likely offer as set out above in stage 1 of the process.
The lenders will then assess your credit application, run a soft search on your credit file and assess your credit application against their own credit and underwriting criteria to include assess your creditworthiness and affordability. A soft search means that there is not a credit footprint left on your credit file.
To generate confirmed offers from our panel lenders we will have to share your information with those lenders. This will be made clear to you when you are prompted to ‘Generate Confirmed Offers’.
Stage 3 – Confirmed Offer Stage
Following the panel lender (s) assessing your application and provided they wish to proceed, you will receive the lender’s confirmed best offer or conditional offer in real time.
All offers are presented to you in a confirmed offer table to allow you to select the lender that you now wish to proceed with to finance your vehicle. Where relevant there will also be a separate table underneath the confirmed offer table, that will illustrate those lenders that are likely to offer you a finance agreement but do not have a soft search facility.
Should you choose a lender from the soft search confirmed offer table, you will be invited to proceed to pay your deposit and enter the lender’s website to process your finance application and the signing and execution stage of your finance agreement to finance your vehicle. At this stage, the lender will hard search you, which will mean that a footprint will be left on your credit file.
Should you choose a lender from the likely offer table, then you will be required to consent further via a ‘click here’ option for FairSquare to pass to that specific lender your customer information in order for the lender to proceed to progress your credit application via their credit and underwriting process, which will include a hard search being made against your credit file that will leave a credit print on your credit file. Please note that when selecting a hard credit search lender, a footprint will be left on your credit file regardless of whether or not that lender makes an offer, declines your offer and regardless of whether or not your decide to proceed to accept their offer and proceed to signing the finance agreement to finance your vehicle.
Stage 4- Financing your Vehicle
Once you have selected your lender to finance your vehicle, you will be asked to upload your driving licence and a selfie. It is a requirement that your selfie and driving licence picture is of good quality and taken using your mobile phone with location services switched on , taken at your home address at the time of your credit application or just afterwards. Your driving licence must be a full UK driving licence and the address on your driving licence must be your home address and match the address on your credit application. Your address must also match the registered address of your debit card for payment of your deposit.
Copies of your photo and your driving licence will be passed to Au10tix who automatically verify the authenticity of the documents and photos. It will be a requirement that Au10tix provide us with a high level of ‘Pass’ to authenticate. They also send us the geolocation of the photographs and the time stamp.
As part of the authentication process, you will be asked a random multiple choice questions specific to your credit history. Provided these are answered correctly, the documentation that you have uploaded as part of your credit application are sent to the lender that you have selected to finance your vehicle.
As set out below, the lender may require additional information as part of your credit application such as a request for you to upload your pay slip, utility bill and bank statement.
Stage 5 – Credit Decisions
You will also be asked to upload your identification documents together with any other documentation the lender may require under its own credit and underwriting policy. Depending on the lender that responds to your credit application with a conditional offer, you may also be asked to up-load and attach to your application one or more of the following documents;
Your bank statement, your pay-slip and utility bill.
These documents will be securely held and passed to the lender securely as part of their credit application process.
The lender will also complete its own security checks as standard. The lender will inform you what they require, which may vary depending on the lender If there is any additional documentation required, the lender will ask that these be uploaded as well as part of their credit assessment.
If a finance application is accepted, FairSquare will notify you of the acceptance and any accompanying terms and conditions. Acceptances are valid for a limited period. A further application will need to be submitted for consideration if this period lapses. FairSquare and its lending panel reserve the right to withdraw its acceptance of any finance offer up to a maximum of 30 days having elapsed from the date of the offer being made and/or at any time if they become aware of any information that adversely affects your financial status.
If the lender approves your credit application, you will proceed to the lenders own secure website to proceed through their own systems and process to sign your finance agreement for your vehicle.
Your Credit proposal
You must give to us accurate and complete information when making a credit application. You should check all documents that we or one of our panel of lenders present to you prior to signing to make sure they are correct. If there are any incorrect details on your documentation or if you are unsure about anything, please let us know immediately in order that we can assist finalising your documentation with the lender.
It is important that you provide accurate information on your application and disclose all relevant information that would reasonably be considered to have bearing on any credit decision, including but not limited to:
- any legal proceedings or other procedure or step by any person in relation to any insolvency, or the occurrence of any insolvency event (howsoever described) in respect of you the applicant for credit.
- any bank or financial institution to accelerate, cancel, suspend or terminate any agreement relating to any indebtedness that you may have with that bank or financial institution as a result of an event of default (howsoever described) or otherwise.
FairSquare will request a deposit from you at the time when the order for Goods is placed by you as set our above in our offer terms and shall not be obliged to progress the order until the deposit is paid in full. Once you have paid the deposit, completed the security verification process and signed the finance agreement , FairSquare will receive confirmation from the Lender following which FairSquare can arrange for delivery of your vehicle.
FairSquare will contact you and arrange a convenient time of delivery. Where the date for delivery of the goods is not known at time of sale, any date provided is an estimate only and is dependent on the provision of the vehicle to FairSquare by the Supplier/ Manufacturer. FairSquare will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery. We will agree a time slot with you for delivery of your vehicle which will be between either 9.00am and 1.00pm or 1.00pm and 5.00pm on a weekday (excluding bank holidays). If your preferred time for delivery falls outside these time periods delivery at your preferred time will be at our discretion.
Prior to delivery of the Goods, you will be required to complete a final security verification process and you will be provided with a unique PIN code by text message. You must provide this PIN code together with your driving licence to FairSquare’s representative when the vehicle is delivered to you at a mutually agreeable date and time.
Delivery will only be made to your home address, which must be the same as the billing address on your finance agreement and the address on your UK Driving Licence.
Our driver will drive your vehicle to your home address. Please note that mileage of the vehicle on delivery will include the delivery miles.
We will only deliver your new vehicle to the person named as the customer in the order acknowledgement. Delivery will not be completed if you fail to provide FairSquare with your order PIN number and appropriate identification documentation confirming you are the customer as stated in the order confirmation on arrival at your address there is no clear and safe place for our delivery company to park your new vehicle; and/or conditions at your home address fail to meet reasonable health and safety standards, or where delivery would put our delivery driver at risk of injury or death
You are required to provide our delivery company with proof of your identity and address and copies of your proof of identity and address upon delivery of your vehicle. The delivery company will verify these documents before your vehicle is released to you and these will be passed to FairSquare who will retain the copies you provide.
If you are not present in person at your home address at the agreed time and date to take delivery of your new vehicle, the delivery driver will leave you a note informing you of their attempted delivery and of how to rearrange delivery of the vehicle.
If you re-arrange delivery, we will contact you for further instructions. You will be charged for any further delivery costs, which will be notified to you prior to such re-arranged delivery. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection within 7 days of the date of the original delivery attempt FairSquare and/or the finance company may end the contract.
When the vehicle is delivered you will be given the opportunity to inspect it. If you are happy that the vehicle is free from defects, the FairSquare representative will ask you to acknowledge and sign acceptance on their PDA.
- The Lender under the terms of the finance that you have agreed, shall pay FairSquare for the Goods immediately upon acceptance of the Goods by you and your signing of the delivery representative PDA.
- Your Finance agreement will take effect from the date determined by the lender and set out in your finance agreement.
We accept payments from the following providers:
You have certain legal rights in connection with your purchase/financing of a new or used vehicle.
If, on or after delivery of your vehicle, you discover a fault or find that the vehicle does not meet the description on our website, you must inform us in order that we can discuss your rights and remedies with you. You should contact FairSquare as soon as possible since a delay in doing so might affect any remedy available to you. This does not affect your statutory rights.
INFORMATION ABOUT YOUR RIGHTS TO CANCEL
We are FairSquare Europe Limited whose registered office is 3rd Floor, 3 Brindley Place, Birmingham B1 2JB. You can contact us by post at the above address, by telephone on 0345 003008 or by email at email@example.com
What we are supplying you with and the cost
This information can be found under the following headings within our terms above :
Supply of the vehicle and Price:
This information can be found under the following headings within our terms above :
Deposit and delivery:
This information can be found under the following headings within our terms above :
This information can be found under the following headings within our terms below :
Your rights of cancelation are set out in the Cancelation Terms & Conditions which can be found here
CREDIT APPLICATION DECLINES
In the event that the lender declines your credit application, FairSquare would automatically send you an email advising you that your application for credit has been declined and provide you with the credit reference agency contact details. You will only receive notification where the decline relates to credit reference agency data and not where the lender has declined your credit application for other reason.in compliance with consumer credit regulations. The lender may also send you a decline notification.
You will be offered the option to go back into your account to review any other credit offers that you received should you wish to make a further application for credit with an alternative lender. The lender that declined you for credit may also send a decline notice to the customer only where the decline relates to your credit file as the lender always retains absolute discretion as to whether or not they wish to accept your credit application.
IDENTIFICATION AND VERIFICATION
FairSquare is a data controller, registered with the Information Commissioners Office (“ICO”) and committed to providing the highest standard of compliance, including the need to properly:
identify; and verify;
all of its customers, whether they be existing or prospective. As well as our regulatory responsibilities, FairSquare take the view that it is important to ensure that both the customers and their data, are consistently treated in a proper and professional manner. In order to achieve this, FairSquare strive to develop a strong relationship with each of their customers from the outset.
At the point of receiving either:
- An application for credit; or
- Personal data;
the applicant is deemed to be a customer of FairSquare and they shall commence the verification process.
FairSquare representatives may discuss generic matters with existing or prospective customers at any time. However, FairSquare representatives recognise the need to verify the identity of the caller before engaging in any customer-specific discussions (whether the FairSquare representative does so from memory or by accessing FairSquare customer records).
Incoming telephone calls
Customers will be asked to identify themselves at the beginning of the call by confirming their name and will be asked a number of security questions.
Outgoing telephone calls
When a FairSquare representative makes an outbound telephone call to a Customer’s mobile, direct dial or switchboard telephone number in response to a Customer’s enquiry, Customers will be asked to identify themselves at the beginning of the call by confirming their name and will be asked a number of security questions
For Customer’s that are new to FairSquare we would only have the Customer’s name and telephone number. For existing Customer’s, we would follow our Data Protection Procedure and identify customers by their name, date of birth, first line of the Customer’s address and postcode.
Before entering into any discussion with an individual which relates to information which is specific to a customer and/or individual person, including but not limited to:
- A customers account;
- Proposal status;
- Financial circumstances; or
- Existing/previous transactions
The FairSquare representative must ensure that:
- that the customer has been identified
- their identity is verified by means of the following Verification List:
- DOB held on file
- Customer’s address and post code
- Deal reference number
Once an individual has been identified and verified, the FairSquare representative must also ensure that this individual is authorised to discuss this matter on behalf of the customer
TREATING CUSTOMERS FAIRLY
At FairSquare we want to ensure that we treat you fairly before, during and after the sale. If you are dissatisfied with any aspect of our service or the product that you purchase, please let us know and we will do our best to sort things out for you.
If you have a complaint about our credit related activities, then please tell us without delay. You are also entitled to make a formal complaint by contacting us on the details below.
If you need more assistance from us because you are vulnerable person or for any other reason such as a mental or physical infirmity or learning disability, please let us know so that we can make reasonable adjustments for you.
Our aim is to provide you with a first-class standard of service at all times. If you feel that we have not met your expectations, please contact us in writing at FairSquare Europe Limited, 3rd Floor, 3 Brindley Place, Birmingham, B1 2JB, email firstname.lastname@example.org or telephone 0345 0030008.
We will endeavour to resolve the problem within 3 working days using our Early Resolution Procedure. In some cases, further investigation may be required. If it is not possible to resolve your complaint through the Early Resolution procedure, we will send to you a written acknowledgement within five business days of receipt of your complaint. This will state the name of the person who is handling your case along with their contact details and confirm our understanding of the nature of your concerns. Please ensure that our understanding of your complaint is correct as mis-understandings will cause delays.
If your complaint refers to the actions of a third party, we will ask that party to investigate and report back to us, to enable us to full respond to your complaint. In the event that we do seek input from a third party, we shall notify you of this and keep you updated. In some circumstances where the third party is solely responsible for the complaint, we will refer the complaint to the third party who will respond directly to you. We will notify you in writing that the complaint has been referred. In these circumstances FairSquare will have no further objection to deal with your complaint in accordance with its complaints handling procedure.
We may contact you by telephone or email in order to gain a better understanding of your complaint. You will receive a response as soon as possible and in any event, within 8 weeks of FairSquare receiving your complaint.
If after eight weeks we have still not provided a Final Response to your complaint we will write to you giving reasons for the delay and to tell you when we expect to be able to provide a Final Response. We will also provide you with details of the Financial Ombudsmen Service together with an explanatory leaflet. This will enable you, if you wish, to refer your complaint to the Financial Ombudsman Service should you be dissatisfied with the delay of the handling of your complaint.
This procedure is free of charge and we will advise you how to go about making the referral. Our written complaints procedure is available by clicking here
OUR LIABILITY TO YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; for fraud or fraudulent misrepresentation; for breach of your consumer rights in relation to the vehicle.
We only supply vehicles for domestic and private use. If you use your new vehicle for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we, FairSquare have handled any complaint, you may want to contact the alternative dispute resolution providers we use.
You can refer a dispute to Motor Codes Limited (“Motor Codes”). Further details can be found at https://www.themotorombudsman.org or alternatively you may wish to contact their advice line on 0843 910 9000. Where the dispute relates to any financial services, then you can refer it to the Financial Ombudsman Service (“FOS”). Further details can be found at http://www.financial-ombudsman.org.uk or if you prefer to speak to someone you can call 0300 123 9123 or 0800 023 4567. Neither Motor Codes nor the FOS will charge you for referring a dispute (although you may pay an additional amount for any call to them) and if you are not satisfied with the outcome you can still bring legal proceedings.
In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at www.ec.eurpoa.eu
FAIRSQUARE DATA PROTECTION FAIR PROCESSING NOTICE
How we use your information
Where you wish to obtain finance, we will pass your information onto one or more finance companies with whom we have arrangements in place.
Unless the content requires otherwise, whenever the words “We” or “us” are used in this notice, they will apply both to our company and to any such finance company.
Either way, by agreeing to these terms you agree that:
- We may receive and process all personal data about you which we may obtain in the course of dealing with your finance applications and/or any finance agreements which are subsequently entered into.
- This data may be obtained from you, or be already known to us, or it may be provided by a third party, the providers of any services or insurance linked or to be linked to the proposed finance and/ or such equipment; any credit reference or fraud prevention agency that we may consult regarding your credit history; any agent we may instruct to carry out services on our behalf linked to the proposed finance agreement; any other company within our/their group of companies; and/or any third party involved in the arrangements by which we broker the provision of such finance agreement (either now or at any time in the future).
- We may in turn provide any such information we obtain to any of the third parties set out above for the purposes set out below.
- Your information will be used by us and/or any of these other third parties to make credit decisions about you; to prevent money laundering or fraud; to process your finance applications and/or linked services/insurance.
- We may use a credit scoring or other automated decision-making systems to assess your applications.
- We may search your credit records with our Credit Reference Agency. This will not leave a footprint on your credit file. Should you wish to generate confirmed offers from our panel lenders, these lender checks will not leave a footprint on your credit file. Only when you choose to proceed with the credit with one of these lenders does that lender leave a footprint on your credit file. Where lenders don’t have soft search ability and you would like to generate confirmed offers from them you will be clearly notified that this will leave a footprint on your credit file.
- Details of any hard searches as a result of your selection of a specific lender together with details of any subsequent finance agreement(s) and the history of payments under it may be added to your credit record by the CRA(s).
- To generate confirmed offers from our panel lenders we will have to share your information with those lenders. This will be made clear to you when you are prompted to ‘Generate Confirmed Offers’. When this is clicked your information will ONLY be passed to those lenders who have Soft Search ability. Those lenders will run a soft search on you which will allow them to underwrite you and make confirmed conditional or unconditional offers to you via our site. These soft searches will not impact your credit file. Only if you chose to proceed with one of the offers and take the credit will that chosen lender register a full credit search on your credit file. None of the other searches done by FairSquare or the other not chosen lenders will have any impact on your credit file.
- We may provide information about you to fraud prevention agencies and this information may be shared with other organisations.
- We may check applications with fraud prevention agencies.
- We may use this information when deciding whether to introduce credit and to prevent fraud.
- You may contact us to find out which agencies are involved.
FairSquare are committed to combat fraud and run a number of internal checks to filter and find attempted fraud. Should anything raise suspicion this information will be passed to the relevant authorities and we will do all we can to help the authorities in its investigations. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information.
FairSquare and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:
- Checking details on applications for credit and credit related or other facilities
- Managing credit and credit related accounts or facilities
- Recovering debt
- Checking details on proposals and claims for all types of insurance
- Checking details of job applicants and employees
Please telephone 0345 0030008.if you want to receive details of the relevant fraud prevention agencies.
The proposed finance provider and other organisations may access and use, from other countries, the information recorded by fraud prevention agencies.
NOTE: If the finance provider decide not to proceed with your finance application(s) on the basis of information obtained from one or more Credit Reference Agencies, (CRA(s))we will inform you and so might the lender and/or any other individual named above of this and give you details of the CRA(s) in question (including name, address and telephone number). Furthermore, if at any time you wish to know which CRA’s have been provided with information about you, or you would like further details about how we/they use this information, or you would like a copy of the information we hold about you (for which a small fee may be payable), you should write to: The Data Protection Controller Nicola Duckett, FairSquare Europe Limited, 3rd Floor, 3 Brindley Place, Birmingham, B1 2JB
DATA PROTECTION STATEMENT
- The terms set out in this Data Protection Statement apply to any information you from time to time and to any information you have already provided.
- We may revise or supplement our Data Protection Statement from time to time for any of the following reasons:
- to provide for the introduction of new or improved systems, methods of operation, services or facilities;
- to reflect an actual or expected change in market conditions or general banking practice;
- to comply with or anticipate any changes in any legal or regulatory requirement;
- to ensure that our business is run prudently;
- to make our Data Protection Statement clearer or more favourable to you; or
- to rectify any mistake that might be discovered from time to time.
- We treat your privacy very seriously and we understand that you will wish to know how we will use the information we collect from or about you. We use your personal information in accordance with our Data Protection Statement and will fully comply with all applicable UK data protection legislation (including the Data Protection Act 2018). It is important that you take all necessary and appropriate steps to protect your data yourself (for example, by ensuring that all passwords and access codes are kept secure. FairSquare Europe Limited whose registered office is 3rd Floor, 3 Brindley Place, Birmingham, B1 2JB, company registration number is 09362665, is authorised to trade under the following trading names; FairSquare and FairSquare.com.
Information which we may collect about you
We may collect and process the following information about you:
- Information you provide (either directly or through an agent such as a solicitor, independent financial advisor or introducer) by completing an application for our products and services, whether in writing, on our website, over the telephone or by some other means. This information may include your name, address, contact details, date of birth, bank details, details about your employment and financial information
- Records of any correspondence from you or anyone acting on your behalf
- Details of transactions you carry out with us
- Your credit history, where you have applied for credit or where we have agreed to provide credit to you
- Any documents provided. Including Driving Licence, photographs, proofs of income, Bank Statements, utility bills or any other document as required by us or the lender.
Use of information collected
We may process, transfer and disclose your information for the purposes of:
- providing you with services, managing your application and complying with your instructions;
- verifying your identity;
- Introducing you to finance provider(s);
- detecting and preventing fraud;
- complying with laws and regulations (including the rules of any regulatory authority) and public duties;
- monitoring and/or recording your telephone calls and electronic transactions in order to accurately carry out your instructions;
- assisting in improving our services and in the interests of security and crime prevention;
- market research and providing you with information via mail, telephone or other means about FairSquare’s products or services from time to time and analysis in order to assess and improve our business or the business of FairSquare and the services we offer: –
- We will act proportionately and responsibly when we process, transfer or disclose your information and we will act strictly in accordance with the Data Protection Act 2018.
- Where you have applied for credit or where we have agreed to introduce credit to you, we may from time to time make searches of your record at a credit reference agency. Your record includes searches made and information given by other businesses.
- Details of hard credit searches will be kept by the agency and will be seen by other organisations that make searches with the agency for the purposes of credit assessment and management of your accounts, prevention of money laundering and fraud, and statistical analysis.
- We may at any time search your record with a fraud prevention agency. If at any time you give us or procure the giving of false or inaccurate information and we suspect fraud we will record this. The fraud prevention agency will use information recorded for statistical analysis about fraud and will also share it with other organisations who will use it to prevent fraud and to help make decisions on motor, household, credit, life and other insurance proposals and claims by you, members of your household or any other businesses associated with you
- We may from time to time contact you about products and services available from the FairSquare Group which we believe may be of interest to you. We may do this by e-mail, text or other electronic means if you have “opted in” when setting up your account to confirm that we can. You can tell us in writing at any time if you change your mind.
- Where you proceed to apply for credit via one of our lenders they/we will tell you, where permitted by law, if we/they make a decision about you relating to your credit scoring or eligibility for our products or services solely using an automatic decision-making process. Our Credit Decline process is set out in our terms above.
- Disclosure of your information
- Your personal information may be passed to and used by companies in the FairSquare Group and its agents and subcontractors who administer or process the information on its behalf
- We may disclose information about you and your relationship with us throughout the term of our relationship. If you do not wish us to disclose this information, please inform us in writing.
- We may also disclose your personal information to third parties in the following circumstances:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer
- FairSquare or substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property, or safety of FairSquare, its customers, or others.
Access to your information and correction
Subject to some exceptions, you have a right to access personal data that is held about you. To obtain a copy of the personal information we hold, you should write to the Data Protection Officer at FairSquare at Nicola Duckett, FairSquare Europe Limited, 3rd Floor, 3 Brindley Place, Birmingham, B1 2JB. We will respond to you within forty days of receipt of the request and we will charge the statutory rate for this service, which at present is £10.
You may also request from us details of the credit reference agencies and fraud prevention agencies with which we may have carry out searches. If there are any inaccuracies in the information we hold about you, please notify us of this in order that we may correct the information we hold about you.
Important: Marketing Opt-out
We may send you information about similar products and services which may be of interest to you, this product information will be sent to you by email or fax. If you do not wish to receive information this way, please send an email email@example.com and we will remove you from our mailing list.
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and FairSquare concerning your use of this Site and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and FairSquare in relation to such matters. FairSquare reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Site and your continued use of the Site will constitute your acceptance of such updated Terms and Conditions. Any such changes will not affect any existing terms and conditions in relation to any concluded sale or finance agreement with you. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of FairSquare.
These Terms and Conditions shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. FairSquare’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FairSquare in writing. Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, FairSquare and its group of companies.
We may transfer our rights and obligations under these terms to another organisation.
If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these terms and conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breach of any of these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Any changes we may make to these terms and conditions in the future will be posted on this page and, where appropriate, notified to you. Any such changes will not affect any existing terms and conditions in relation to any concluded sale or finance agreement with you the new terms and conditions may be displayed on-screen and you may be required to read and accept them to continue your use of our website.
These terms and conditions are governed by English law and you can bring legal proceedings in respect of these terms and conditions in the English courts.
How to contact us
If you have any comments or questions about our Data Protection Statement, please contact the Data Protection Officer at:
3rd Floor, 3 Brindley Place,
1. Who we are
We are FAIR SQUARE EUROPE LIMITED (“Fair Square”, “us”, “we”, “our”) and we can be contacted using the following details:3 Brindley Place, Birmingham B1 2JB
Telephone: 0345 0030008
FCA registration number: 715086
ICO registration number: ZA022909
Our Data Protection Officer can be contacted at firstname.lastname@example.org
2. Our legal grounds for handling your personal data
The UK’s data protection laws allow us to use your personal data provided we have a lawful basis to do so. This includes sharing it in certain circumstances, as described below.
We consider we have the following reasons (legal bases) to use your personal data:
- Compliance with our legal obligations: we need to use your personal data so as to comply with certain legislation such as financial crime legislation.
- Legitimate interests: these are our business and commercial reasons for using your data, which we have balanced against your interests. We have certain legitimate interests in using your data which are not outweighed by your interests, fundamental rights or freedoms. These legitimate interests are to help prevent and detect financial crime, fraud and money laundering, to promote responsible lending and to assist our compliance with the legal and regulatory requirements placed upon us.
- Your consent: we may also use your data when you consent to it. You can withdraw this consent at any time, in which case we will cease to use it, unless we have a right and a need to continue processing it for one of the other reasons set out above.
More information on how we use your personal data and for what purposes is set out below.
3. What personal data is collected about you and how we collect it
We may collect data about you from the following sources:
Data provided by you:
- When you use our services and throughout the course of our dealings with you: your name, gender, marital status, national insurance number, postal address, time at address, previous addresses, email address, your IP address, Fair square account password, your telephone numbers, date of birth, bank current account details (including how long you have been banking with them), debit card details, lease and vehicle requirement details, home ownership status and details, reason for borrowing, your assets and liabilities, mortgage details, employment details, payslips, utility bills, driving license details, your photo, details of your proof of identity documentation and proof of address documentation etc, other information you may provide to us or the lender or potential lender when using our services including other financial information.
- When you talk to us: for example on the phone, or in person including call recordings and voice messages. We may monitor or record calls with you to check we have carried out your instructions, to resolve queries or disputes, to improve the quality of our service or for regulatory or fraud prevention purposes
- In writing: for example letters, emails, texts and other electronic communications etc.
- Online: for example when you use our website.
- Photos: selfies and photographs of your documents.
- In financial reviews and in any surveys etc.
Data we collect when you use our services:
- Transaction data: for example when you register for an account with us, complete your application to the lender, respond to any information requests from us, complete any documentation such as the finance agreement and when providing us with identity documentation or financial data.
- Payment data: for example, the amount, origin, frequency of your payments to the lender.
- Usage and profile data: for example, the profile you create to use our website and how you use it. We gather this data from the devices you use, using cookies and other software.
- CCTV recordings.
Data provided by third parties:
- Data from persons that introduce you to us: for example brokers, financial advisers, agents or other third parties.
- Data from persons we introduce to you: lenders
- Data from credit reference agencies, most likely either to be Equifax or Experian
- Data from fraud prevention agencies
- Data from the Criminal Records Bureau
- Publicly available information: for example, from the land registry, companies house, insolvency service, the electoral register, other information available online or in the media, including social media
4. Why personal data is collected by us
We collect personal data from you for many reasons including:
|Activity||Legal basis||Legitimate interest|
From time to time we may contact you to ask for your consent to use your personal data for other purposes. Your personal data may also be used for other purposes where required or permitted by law.
When we and fraud prevention agencies process your personal data, we do so on the basis that we have a legitimate interest in preventing fraud and money laundering, and to verify identity, in order to protect our business and to comply with laws that apply to us. We, and fraud prevention agencies, may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime. Fraud prevention agencies can hold your personal data for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to six years.
In order to process your application we may supply your personal information to credit reference agencies (CRAs) in which case they will give us information about you, such as about your financial history. We do this to assess your creditworthiness, check your identity, manage your account and prevent criminal activity. When the CRAs receive a search from us, unless we indicate to you otherwise, they may place a search footprint on your credit file that may be seen by lenders and used to assess any applications for finance from you and members of your household. The CRA may also share your personal information with other organisations. Your data will also be linked to the data of your spouse, any joint applicants or other financial associates. We can provide you with the identities of the CRAs and the ways in which they use and share personal information upon your request. More information about CRAs and how they use your personal data is available at http://www.experian.co.uk/crain/, https://www.equifax.co.uk/crain and https://www.callcredit.co.uk/crain.
We may provide your information to our lenders, partners, third parties and customer service agencies for research and analysis purposes so that we can monitor and improve the services we provide. We may contact you by post, e-mail or telephone (or as required) to ask you for your feedback and comments on our services (or as the case may be).
From time to time we may contact you about similar goods or services that may be of interest to you.
5. When personal data is shared
Your personal data may be used by our lenders, finance partners, brokers, agents, sub-contractors, insurers, lawyers, regulatory and legal authorities and by any of our or their subsidiary or associated companies before, during and after you use our services. We will provide your details to supplying vehicle dealers and to the firm who we appoint to deliver our vehicles.
We may also use organisations to perform tasks on our behalf including information technology service providers, payment services providers (including Worldpay), repossession agents, banks and transportation companies who we will then be sharing your personal data with and who may also process and retain your data both before, during and after your agreement with us.
Any of these third parties may contact you by post, e-mail or telephone (or as required) to ask you for your feedback and comments on our or their services (or as the case may be) to give you information about their products and services and/or for marketing purposes. They may also use the personal data collected by us to communicate with you on any matter relating to the management and conduct of your account with us or them.
We may also share your personal data with CRAs, fraud prevention agencies, law enforcement agencies, regulatory authorities and other authorities including the Financial Conduct Authority, the UK Financial Services Compensation Scheme and the Information Commissioners Office, any agent that you have given us authority to communicate with and any persons you ask us to share your data with, companies that we introduce you to, market researchers, tracing and debt recovery agencies and customer service agencies for the purposes set out above. These agencies and firms may also share your personal data with others.
Your personal data may also appear on the V5, service history, manufacturers record, insurance documentation or within receipts in relation to the asset which may be shared by us with third parties who store, transport, advertise, sell, express interest in purchasing, own or later hire the asset.
If, in the future, we sell, transfer or merge all or part of our business or assets, including the acquisition of other businesses, we may share your data with other parties. We will only do this if they agree to keep it safe and private and only use it in the same way and for the same purposes as set out in this notice.
If you would like further information please contact us on the details given for us in this notice.
6. When personal data is transferred outside the European Economic Area (EEA)
Whenever fraud prevention agencies transfer your personal data outside of the EEA, they impose contractual obligations on the recipients of that data to protect your personal data to the standard required in the EEA. They may also require the recipient to subscribe to international frameworks intended to enable secure data sharing.
We may also share your personal data outside of the EEA but will only do so under the terms of internationally agreed framework protections.
If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the services and financing you have requested or we may stop providing existing services to you. A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you.
If you fail to provide us with data we require, this may delay or prevent us from operating our services for you and or complying with our obligations to you or others. Depending on the importance of the data, it may mean that we are entitled to suspend or terminate your use of our services.
If you have any questions about the above, please contact us on the details in section 1 above.
8. What choices and rights you have
Your personal data is protected by legal rights, which include your right to:
- object to our controlling and processing your personal data;
- object to our sharing of your personal data with others or with certain organisations;
- request that your personal data is erased or corrected or that its processing be restricted;
- request access to your personal data and for it to be given to you in a portable format;
- request that we transfer your personal data to another lender;
- request that we confirm what personal data we currently control and/or process in relation to you.
For more information or to exercise your data protection rights please, please contact us using the contact details for us given above.
There may be reasons why we need to keep or use your data, but please tell us if you think we should not be processing your data.
If you are unhappy about how your personal data has been used by us please contact us and we will send to you our Complaints Policy. You also have a right to complain to the Information Commissioner’s Office which regulates the processing of personal data. You can contact them at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, on 0303 123 1113 or by email to email@example.com. See also https://ico.org.uk/global/contact-us/.
9. How long personal data is kept
We will retain your personal data throughout the duration of your account with us or agreement with any lender and for as long as you are a customer with us. We may retain your personal data beyond this date for the purposes mentioned above and will in any case at all times retain your personal data for the minimum period required by law. We may also retain your data to deal with any disputes, to maintain records and to show we have dealt with you fairly.
We may also retain your data for research and statistical purposes in which case we will ensure it is kept private and used only for these purposes.
11. Direct marketing
We can only use your personal information to send you marketing information if we have your consent or a legitimate interest. A legitimate interest will usually be a commercial reason which cannot be used unfairly against you.
You will be asked to indicate your consent for us to contact you about our products as part of your account set process. You can withdraw this consent at any time by contacting us. You will still receive statements and other important information regarding any agreement you have with us.
Welcome to www.fairsquare.com (the “Site”), which is owned and operated by FairSquare Limited (“we”, “our”, “us”, “FairSquare”).
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
How to Control and Delete Cookies
Alternatively, you may wish to visit http://www.allaboutcookies.org, which contains comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your computer, as well as more general information about cookies. Please note that, as these websites are not owned or operated by FairSquare, we are not responsible for any of the content on them.
Please be aware that restricting cookies may mean that you will not be able to take full advantage of all the features or services available on this Site.
Main Cookies Used on the Site
We use the following cookies:
Strictly necessary cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of car or finance).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Cookies are either ‘persistent’ or ‘session’ cookies. A session cookie is a temporary file, which is erased when you close your browser. A persistent cookie will however stay in one of your browser’s subfolders until it is deleted manually or your browser deletes them based on the duration period contained within the cookie file.
Details of the main cookies we use and the purposes for which we use them are set out in the table below:
|Non-essential session||Key stroke recording||This cookie enables us to record the information you input into the application form as you do so. It is confined to our Site and will not capture information in other windows open at that time. This cookie allows us to record your information so that we can use these details to contact you if (i) you do not proceed with your application, for whatever reason; or (ii) if you begin, but do complete, your application, for whatever reason, to see if there is any way we can assist with completing and/or submitting your application.|
|Essential persistent cookie||_utma||Google Analytics: This cookie together with the following cookies detailed below (_utmb _utmc, _utmv and _utmz) are used to collect information about how visitors use our site including the number of visitors, where visitors have come to our website from and the pages they visit. We use this information to collect statistics about site usage so that we can compile internal reports with the aim to improve the user experience on the website. _Utma is used to distinguish users and sessions. The cookie is updated every time data is sent to Google Analytics.|
|Non-essential persistent cookie||_utmb||This cookie is used to determine new sessions/visits. The cookie is updated every time data is sent to Google Analytics.|
|Non-essential persistent cookie||_utmc||This cookie works in tandem with _utmb to calculate visit length. Google __utmb cookie demarks the exact arrival time and then Google __utmc registers the precise exit time of the user. The cookie is updated every time data is sent to Google Analytics.|
|Non-essential persistent cookie||_utmv||This cookie is used to store visitor-level custom variable data to improve our targeting capabilities. The cookie is updated every time data is sent to Google Analytics.|
|Non-essential persistent cookie||_utmz||This cookie stores the traffic source or campaign that explains how you have reached our site. The cookie is updated every time data is sent to Google Analytics.|
|Non-essential persistent cookie||DoubleClick cookies||These cookies are used to serve our internet advertisements on other sites. Common applications are to target advertising based on what is relevant to a user in order to improve reporting on performance and to avoid showing ads the user has already seen.|
|Essential session||SessionID||We use session cookies for storing and retrieving values for a user. When you navigate to the site, the server establishes a unique session for you that lasts for the duration of your visit. For each session, it maintains session state information where applications can store user-specific information in a non-persistent cookie. The information stored on the server will remain in the server’s memory until the session is either explicitly removed or expired|
Some of the emails we send to you may contain a ‘web beacon pixel’ or tracked links, which allows us to identify when you have opened the email and to verify which links contained in the email you, have accessed. We use this information to determine which parts of our emails are of most interest to you.
You can delete the pixel by deleting the email. If you do not wish to download the pixel to your computer or other device, you can ensure this by selecting to receive emails from us in plain text rather than HTML.
Alternatively, you can unsubscribe from our mailing list by contacting us at firstname.lastname@example.org
If you require further information about the type of cookies we use on our Site please send an email to email@example.com
If you have any questions or concerns about cookies or your privacy when using the Site, please contact us at firstname.lastname@example.org
Our Commitment to Quality – The Complaints Procedure
Who Should you Complain to?
You can make a complaint to us in writing by letter or email or by telephone using the contact details below. Please address any correspondence for the attention of Customer Services.
Address: FairSquare Europe Limited, 3 Brindley Place, Birmingham, B1
Telephone: 0345 0030008
When you write to us please tell us:
- Your name and address, or the name and address of the complainant if you are complaining on someone else’s behalf and your relationship to them;
- The name of the funder under your finance agreement and your agreement number
- Your daytime phone number (where we can contact you if we need to) and any times you would prefer us to contact you;
- A clear description of your concerns or complaint; and
- Details of what you would us to do to put things right so that we can consider.
We aim to provide a very high standard of service to every client. It is important to us that all complaints are resolved as quickly as possible and to the complete satisfaction of our clients.
Any complaint verbal or written will be referred to our Complaints Officer at the earliest opportunity or to a member of the senior management if the Complaints Officer is unavailable. Our Complaints Officer is responsible for ensuring that we thoroughly investigate any complaints.
On receipt of a complaint we will:
- Acknowledge the complaint promptly
- Make contact to seek clarification on any points where necessary
- Fully investigate the complaint
- Discuss with you our findings and proposed response
Adviser, Provider or Quality of Goods
Clients often express dissatisfaction to their adviser about the product provider, or the quality of the goods. We will need to establish whether or not your complaint relates to the advice given, the advisers service, the service or performance of the product provider, or the quality of the goods. If unclear, this must not delay investigation and we will proceed with our own investigation.
If the complaint is about another party, we will refer details of the complaint to the third party and confirm this course of action to you in writing.
The Complaints Officer will establish the nature and scope of your complaint having due regards to the Financial Conduct Authority’s direction:
- Deal with complaints promptly and fairly
- Give complainants clear replies and, where appropriate, fair redress
Complaints Settled within 3 business days – Informal Complaints Process.
Complaints that can be settled to your satisfaction within 3 business days can be recorded and communicated via an informal process.
If a solution to your complaint is proposed and you indicate your acceptance, we will promptly send you a ‘Summary Resolution Communication’, being a written communication from us which:
- refers to the fact that you have made a complaint and informs you that we now consider the complaint to have been resolved to your satisfaction;
- We will tell you that if you subsequently decide that you are dissatisfied with the resolution of the complaint you may be able to refer the complaint back to us for further consideration or alternatively refer the complaint to the Financial Ombudsman Service;
In addition to sending you a Summary Resolution Communication, we may also use other methods to communicate the information where:
- We consider that doing so may better meet your needs; or
- We have already been using another method to communicate about the complaint.
Complaints which cannot be resolved within three business days
Where the Complaints Officer judges that your complaint cannot be resolved within three business days, or they were unable to resolve your complaint in this period, the formal FCA complaints procedure will be followed. This process requires that we:
- Send you an initial response letter within five days of receiving your complaint, or immediately on realising the informal complaints handling process will not reach a resolution;
- Provide you with details of our complaints handling procedures;
- Fully investigate the complaint and, where necessary, make contact with you to seek clarification on any points;
- Send you a final response letter as soon as possible, but no later than eight weeks after receiving the complaint, detailing how your complaint has been resolved and if any redress will be offered.
Our final response letter will set out clearly our decision and the reasons for it. If any financial redress is offered, a clear method of calculation will be shown, and it will be paid promptly and in full.
We will include details of the Financial Ombudsman Service (FOS) in our final response. If you are not satisfied with the outcome, you may be eligible to refer your complaint to FOS. You must refer the matter to FOS within six months of the date of this letter or the right to use this service is lost.
If we cannot resolve the complaint within eight weeks:
While we would always aim to complete an investigation within eight weeks, if, for any reason, our investigation is not concluded within this period, our Complaints Officer will write to the complainant again. We will inform him/her of the reasons for the further delay and advise that if he/she is not satisfied with our progress he/she may be entitled to refer the complaint to the Financial Ombudsman Service.
Closing a complaint
Where we receive confirmation from you that you are satisfied with the findings of the investigation and any resolution we have proposed, your complaint will be considered closed.
Where no confirmation has been received from you within four weeks of our final response letter, your complaint may also be considered closed.
Financial Ombudsman Service (FOS)
It is our policy to treat all customers the same, however, only eligible complainants may refer their complaint onto the Financial Ombudsman Service (FOS). Eligible complainants are legally defined and have additional rights in law that we must acknowledge and adhere to.
Eligible complainants are:
- A consumer
- Companies within the definition of a microenterprise
- Charities with an annual income of under £6,500,000
- Trustees of a trust with assets of under £5,000,000
- A small business (only an eligible complainant if the conduct took place after the 1st April 2019)
- A guarantor
The Financial Conduct Authority complaints rules apply to complaints:
- made by, or on behalf of an eligible complainant;
- relating to regulated activity;
- involving an allegation that the customer has suffered, or may suffer, financial loss, material distress or material inconvenience;
We will co-operate fully, at all times, with FOS in resolving any complaints made against us and agree to be bound by any awards made by FOS.
The contact details for FOS are:
- Address: Financial Ombudsman Service
- Telephone: 0800 023 4567 (free for most people ringing from a fixed line)
0300 123 9123 (cheaper for those calling using a mobile)
+44 20 7964 0500 (if calling from abroad)
- Email: email@example.com
- Website: www.financial-ombudsman.org.uk
If you would like someone else to deal with your complaint on your behalf (for example a friend or relative) this is not a problem. However in order for us to correspond freely with them you will need to provide your authority for us to do so. This is to enable us to comply with the laws set down in the Data Protection Act 2018. In this instance please telephone us to authorise the third party. We cannot accept authorisation by email.
The purpose of this policy is to detail FairSquare Europe Limited’s (“FairSquare”) 14 day cancellation policy.
As a customer of FairSquare, you have a 14 day cancellation period where you can change your mind about your vehicle purchase if required. This is in order to comply with our obligations under the Consumer Contracts Regulations 2015.
We also believe that this period will allow you time to consider your purchase, and decide whether you have chosen the right vehicle for them.
This right to cancel is for a period of 14 days and this begins from the day after the vehicle is delivered to you. Once you advise us of your wish to cancel you will be provided with a further 14 days to arrange a convenient time for us to collect the vehicle from you. We inform all our customers of their right to cancel on our website and by email when we confirm their order. During this additional 14 days we ask that you cease using the vehicle in order to comply with FairSquare’s “Fair Usage” policy (further information provided below).
How we will facilitate requests to cancel:
Requests to cancel can be received by email, post and telephone. However in order to begin the cancellation process you must confirm your request to us in writing by email or letter by completing the ‘Cancellation Form’, a copy of which will be provided to you by one of our Customer Services Agents. We have also provided a copy here.
The email address to send your completed Cancellation Form is firstname.lastname@example.org and the postal address is FairSquare Europe Limited, 3rd Floor, 3 Brindley Place, Birmingham, B1 2JB.
When you request to cancel your purchase we will ask you to confirm how many miles the vehicle has covered since delivery. If you have covered over 500 miles during this time we will make a small charge of £1.25 (excluding of VAT) for every mile over 500. This is to cover additional wear and tear upon the vehicle and any depreciation in the vehicle’s price.
In addition, if the car has been modified or it is not in the same cosmetic condition it was in before you took delivery of it you will be asked to cover the cost of putting the car back to its original condition.
If you have not covered 500 miles in the vehicle whilst you have had the use of it and it is in the same condition it was in when you took delivery of it, you will not be asked to pay any money.
There is no charge for us collecting the vehicle from you and we will arrange to unwind the finance agreement on your behalf directly with the lender, as well as returning your deposit to you. Any monies due back to you will be paid promptly by FairSquare but may take up to 10 days to show as available funds in your account.
If you have any questions about the 14 day cancellation period please feel free to speak to one of our Customer Services Agents who will be happy to help.
This cancellation policy may change from time to time and the most updated version will be displayed here. This version was updated on 7th November 2017.