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Terms & Conditions of Use

By browsing and using this Website you agree to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Red Potato’s relationship with you in relation to this Website. If you disagree with these Terms & Conditions of Use or any part of these Terms & Conditions of Use, please do not access or use this Website.The term “Red Potato” or “us” or “we” refers to the owner of the Website. The term “you” refers to the user or viewer of our Website.The Red Potato Website is operated by Premium Plan Limited whose registered address is:Kempton House Kempton Way PO Box 9562 Grantham Lincolnshire NG31 0EAPremium Plan Limited’s Registered Company Number in England & Wales is 05977118.The aim of this Website is to provide accurate information and give you access to the information, advice and services that Red Potato provides.The use of this Website is subject to the following terms of use.Red Potato grants visitors to this Website a licence to use it in the following ways:

• You may view, download specific documents made available for downloading by the Website’s owner, and print pages from the Website for your own personal (non-commercial) use, subject to the restrictions set elsewhere in these Terms & Conditions of Use

The licence to use this Website can be terminated at any time without notice.You must NOT use this Website in the following ways:

• Any way that causes, or could cause damage to the Website or disable the availability and accessibility of the Website, or in any other way which is unlawful, fraudulent, illegal or harmful.

Whilst Red Potato makes every effort to prevent the intrusion of viruses, worms or any other infectious programming code that could damage or corrupt files on your computer, because the Internet is not a stable medium, Red Potato cannot be held responsible and will not accept liability for occurrences resulting from the intrusion of viruses, worms or any other infectious programming code that could damage and corrupt files on your computer. Therefore, by using Red Potato’s Website, you, the user of the Website, assume full responsibility for protecting against such occurrences.Content may be updated or changed from time to time, without prior notice.

Intellectual Property

All content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Red Potato, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.The content on this Website is provided for personal (non-commercial) use only. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Red Potato.

Disclaimer

Red Potato uses reasonable care to ensure that the information appearing on this Website is up to date and accurate. Whilst Red Potato takes precautions to prevent the occurrence of errors and omissions, the user of this Website should not take the accuracy of the information for granted. None of the material contained in this Website is to be relied upon as a statement or representation of fact. Red Potato does not accept liability or responsibility and it gives no warranty as to the accuracy of this information. You acknowledge that such information and materials may contain inaccuracies or errors, and Red Potato expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.Under no circumstances will Red Potato or its employees accept liability for any decision made or action undertaken as part of reliance to the information contained on this Website. Your use of any information or materials on this Website is entirely at your own risk. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

Links to and from other websites

From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. It is not possible for us to review the content of all websites to which this Website links and Red Potato cannot be held liable for their content. Red Potato does not endorse the content of any websites to which www.redpotato.co.uk is linked, and users of this Website link to other websites at their own risk. Anyone wishing to link to www.redpotato.co.uk and all subsequent Website pages hosted at this Uniform Resource Locator (URL) must remove the link if requested to do so by Red Potato.

Liability

Red Potato will not be liable to you for any loss or damage which you may suffer as a result of using this Service, except where such loss or damage was caused by negligence, wilful default or fraud by Red Potato or our employees.You shall be liable to Red Potato for any loss suffered by Red Potato as a result of any breach of these Terms & Conditions by you, or any fraudulent use of the Service by you. Where alleged fraud has occurred on your Account that forms part of the Service, you will be required to co-operate with the Police in any investigation.You acknowledge that, due to the nature of the Internet and electronic communication, there is a risk that communications may not operate free from error or interruption.Red Potato will not be liable:

• In the event of any error or interruption in communications; or
• For any losses or delays in the transmission of instructions to the Service caused by any Internet Service Provider or by software failure; or
• For any breaches of security of the Service beyond our reasonable control; or
• For any indirect or consequential loss you may suffer as a result of using the Internet to access the Service.

Call and message recording

Telephone calls and electronic messages to us may be monitored and recorded for security purposes and to maintain and improve Red Potato’s Service.

Use of the Service

A requirement of the Service is that you provide Red Potato with a contact telephone number and an optional e-mail address. If these contact details are owned by a third party, permission has to be sought by that party before your use of them. By providing these contact details you are confirming your authorisation for Red Potato to communicate through these channels.The Service may only be used by persons aged 18 years or over.You will need access to the Internet to use the Service and you will be responsible for any telephone costs and/or charges made by any Internet Service Provider. Red Potato makes no guarantees as to the speed, resolution or access to the Service via the Internet.

No Waiver

In the event that any party to these Terms & Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Law and Jurisdiction

These Terms & Conditions, and the relationship between you and Red Potato, shall be governed by and construed in accordance with the Law of England and Wales, and Red Potato and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Complaints

The fair treatment of our clients is central to how Red Potato operates as a business. Red Potato aims to deliver a high standard service, and in doing so, we respect your opinions and feedback. If you want to make a complaint about Red Potato, please let us know by telephone or in writing to:Complaints Team Red Potato Kempton House Kempton Way PO Box 9562 Grantham Lincolnshire NG31 0EAWe will acknowledge receipt of your complaint within 5 working days and we will try to resolve your complaint as quickly as possible.We will, by the end of 8 weeks send you a final response. If we are unable to provide a final response within that time, however, we will write to you and advise you as to when we expect to be able to provide a final response.If you are not satisfied with our response or any delay you may refer your complaint to the Financial Ombudsman Service. The Financial Ombudsman Service provides a free and impartial service designed to resolve problems between consumers and financial businesses. We will give you their details and a copy of an explanatory leaflet in our response to you. For more information, visit their website at www.financial-ombudsman.org.ukIf you are a client and we have made a contract with you by electronic means you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/odr. Our email address is complaints@premiumplan.co.uk

Red Potato Privacy Policy

PREMIUM PLAN LIMITED PRIVACY NOTICERed Potato is a trading name of Premium Plan Limited, which is registered in England with Company No 05977118. Registered office: Kempton House, Kempton Way, PO Box 9562, Grantham, Lincolnshire, NG31 0EA. Premium Plan Limited is authorised and regulated by the Financial Conduct Authority (FRN: 742272). The Red Potato name and logo are trademarks of Totemic Limited. Premium Plan Limited is a member of the Finance & Leasing Association (FLA).Premium Plan Limited is registered with the Information Commissioner’s Office as a data controller under the registration number Z9732937. This privacy notice applies to processing activities carried out by Premium Plan Limited.  We respect your privacy and are committed to protecting your personal data. The purpose of this privacy notice is to explain how we collect and use your personal data when you apply for a loan with us and to give you more information about your privacy rights.  If you use a finance broker or an introducer to make an application us, they are the data controller until your application is received by us – until this point, the broker/introducer’s privacy notice applies to your personal data. Premium Plan Limited trades as Premium Plan, Red Potato and Finance My Balloon.  In this privacy notice ‘we’ ‘us’ or ‘our’ are references to Premium Plan Limited.  Premium Plan Limited is a data controller in respect of personal data that we process in connection with our business, which is a motor finance lender and credit broker. It is important that your read this privacy notice together with any other relevant privacy notice or fair processing notice we provide during the course of our relationship when we are collecting or processing your personal data so you are fully aware of how and why we are using your data. Our website may contain links to third-party websites, plug-ins and applications. Clicking on those links or enabling any third party connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy notices. We encourage you to read the privacy notice of every website you visit. The personal data we collect and processThe different types of personal data we collect and process are: 

• Basic personal information such as your name, previous names, title, gender, current and previous address history, date of birth, telephone number(s), email address;
• Information about your family and personal circumstances (such as marital status and dependents);
• Details of your income and expenditure;
• Details of your employment status and/or benefit awards;
• Photographic identification such as a passport and/or driving licence;
• Current and historic financial information including account details, credit history, payment history and outstanding balances;
• Banking details such as an account number and sort code;
• Details of health and medical conditions but only where you have given explicit consent;
• Technical information such as internet protocol (IP) address, browser details, time zone setting and location, operating system information and platform and other technology on the devices you use to access our website;
• Website usage data such as information about how you use our website, products and services;
• Marketing information such as your preferences about marketing you wish to receive from us your communication preferences.

 It is important that the personal data we hold about you is accurate and remains up to date. Please keep us informed if your personal data changes during your relationship with us. If we request personal data that we require by law or to provide you with a product or service and you refuse to provide us with that data when requested, we may not be able to provide a loan product. Why we collect and process personal dataWe collect and process personal data for the following reasons: 

• To help us make a lending decision when you apply for motor finance;
• To ensure any products we offer are appropriate based on your circumstances;
• If we need to perform any of our duties under a loan agreement or contract we have with you;
• To check your details and information you or a credit broker have provided us with;
• To check your credit score and history;
• To confirm your identity;
• To help us manage your account (for example, to recover debts you owe to us or to trace you if we need to);
• To share information about you and how you manage your account and repayments with a credit reference agency;
• If we suspect or identify fraud, money laundering or any other criminal activity;
• If we believe you have given us false or inaccurate information;
• To comply with regulatory and/or legal obligations;
• To introduce you to third parties where you have provided permission for us to do so;
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

 How we obtain personal dataWe obtain personal data from a number of sources which include: 

• Information you supply to us;
• Information if you have previously had an account with us;
• Information that we acquire through our relationship with you and the way you operate your account such as repayments;
• Information supplied by a credit broker who introduces you to us;
• Information obtained from a credit reference agency;
• Information obtained from publicly available sources such as the Electoral Roll;
• Information obtained from automated technology or interactions (such as your website usage and information obtained from cookies. Please see our Cookie Policy for further details).

 Credit reference agenciesWhen you make an application for credit with Premium Plan Limited, we will perform credit and identity checks on you with one or more credit reference agencies. To perform credit and identity checks, we will supply your personal information to credit reference agencies and they will provide us with information about you. The information we receive will include public information, information about your financial situation and history and fraud prevention information. When a credit reference agency receives a search from us they will place a search footprint on your credit file that may be seen by other lenders.  Credit reference agencies retain a record of the enquiries we make and may record, use and supply the information we give them.  This information may be used by other lenders, insurers and other organisations even if we do not accept your application for motor finance.  We, law enforcement agencies and other organisations may also access and use this information to prevent and detect fraud, money laundering and other criminal activity. The three main credit reference agencies are Callcredit, Equifax and Experian. The Credit Reference Agency Information Notice (“CRAIN”) describes how these credit reference agencies use and share the personal data they receive about you. For more information, please visit https://www.transunion.co.uk/crain. Sharing your personal data with third partiesWe may share your personal data with third parties such as: 

• A third party nominated by you, who acts on your behalf such as a relative, advice agency or legal representative;
• Details of your account information and transactional history with a credit reference agency;
• A third party who acts as our agent such as a debt collection agency , vehicle recovery operator, or our legal representative;
• A vehicle inspection operator where a vehicle mechanical investigation is required.
• A lender if we transfer the motor finance under the terms of the credit agreement to another lender;
• A third party where we are required by law such as enforcement agencies, juridical bodies, government entities, tax authorities and regulatory bodies;
• Other lenders that we have identified as suitable to offer you a loan if we are unable to offer a loan and you have given us permission to refer your application to them;
• Our funders, who may process this data to determine whether and to what extent they may provide finance to us.

 How long we will keep your data for and how we will protect it?If you make a motor finance application which is not approved, we will retain your personal data for no longer than one year from the date your application is declined or closed. If you make a motor finance application which is approved and you subsequently enter into a credit agreement with us, we will retain your personal data for six years from the date your credit agreement ends, or longer if required to do so by a regulator or by law.  This will help us answer any enquiries or resolve any complaints you may have.  After this period, your personal details will be deleted and anonymised. Data will be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage using appropriate technical and organisational measures. Your data rightsIf you wish to exercise any of your data rights please contact us using the details stated at the end of this privacy notice. 

• Access – You have the right to access the personal data we hold about you.
• Rectification – You have the right to rectify inaccurate personal data we hold about you. If personal data is incomplete taking into account the purposes of the processing you also have the right to have incomplete data completed. If any personal data has been disclosed to a third party, such as a credit reference agency we will also inform them that the personal data has been rectified.
• Erasure – In specific circumstances, you can ask us to delete your personal data. If the processing of your personal data is necessary for compliance with a legal obligation, the establishment, exercise or defence of legal claims we will not be able to delete your personal data.
• Restriction – In specific circumstances, you have the right to restrict processing of your personal data.
• Portability – Where technically feasible you have the right to have your data transmitted by us to another data controller.
• Objection – You have the right to object to us processing your personal data, unless we can demonstrate compelling and legitimate grounds for processing, which may override your own interests, or where we need to investigate and protect us or others from legal claims.
• Withdraw consent – Where you have given consent to the processing of your personal data you have the right to with your consent at any time. This will not affect the lawfulness of processing which is based on consent prior to your withdrawal.
• Complaints – If you wish to raise a complaint about how we have handled your personal data you can contact us directly. We hope that we can address any of your concerns you may have, but you can contact the UK supervisory authority for data protection issues, the Information Commissioner’s Office (ICO), if you wish. The ICO helpline is 0303 123 1113 or refer to their website www.ico.org.uk

 How to contact usOur contact details are: Address: Premium Plan Limited, Kempton House, Kempton Way, PO Box 9562, Grantham, Lincolnshire, NG31 0EATelephone: 0800 009 4147.Our Data Protection Officer is Dale Stringer. Privacy notice last updated: 18 July 2019