Santander s Commercial Banking Overdraft Facility Terms Edition Page 1 of 5

Transcription

1 Santander s Commercial Banking Overdraft Facility Terms Edition 1.04 Page 1 of 5

2 Page 2 of 5 1 Definitions Words defined in the Details of the Overdraft section of the Letter shall have the same meaning in these Terms. In addition: Account: means Your current account. Agreement: means these Terms, Your facility agreement and Corporate Terms and Conditions as applicable. Arranged Overdrafts: where Your balance is within the Overdraft Limit You must agree Your Overdraft Limit with Us before it is available to use. Base Rate: means the base lending rate of the Bank of England for the time being in force (or, if such rate ceases to be quoted, such other appropriate reference rate as the Bank may select). Borrower: means [Insert Name of the Borrower]. Business Day: means any day (other than Saturday or Sunday) on which banks are open for general business in London. Corporate Terms and Conditions: means the terms governing your Account. Credit Interest: interest You receive on cleared funds. Debit Interest: interest payable on a debit balance on your Account. Financial Information: the information specified in the Financial Information section of the Letter. Guarantor: any person who provides security, a guarantee, an indemnity or any other assurance to Santander in relation to any obligations of the Borrower to Santander. Overdraft: means Your Arranged Overdraft or Your Unarranged Overdraft (as applicable). Overdraft Limit: means the maximum amount of money, if any, which We are prepared to lend to You, as may be decided by Us from time to time and notified to You in writing. Paid Transaction Fees: means the fee charged where You attempt to make a payment from Your Account when You do not have sufficient cleared funds in Your Account and based on Your individual circumstances We decide to allow You to move into an Unarranged Overdraft. External Reference Rate: means an external interest rate which is publicly available and that is set by a central bank or by the market such as the Bank of England bank rate; Report: any report mentioned in the Schedule to the Letter (Preconditions) and any other report relied on by Santander in connection with the Overdraft. Unarranged Overdrafts: where We have paid a transaction that You have made that has taken You beyond Your Arranged Overdraft Limit or has taken Your account balance below zero without having an Arranged Overdraft in place. Unpaid Transaction Fee: means the fee charged where You attempt to make a payment when You do not have sufficient cleared balance in Your Account and based on Your individual circumstances, We decide not to let You make the payment. Undertakings: any undertakings specified in the Agreement. 2 Purpose The Borrower must only use the Overdraft for the Purpose. 3 Payments and Tax Deductions 3.1 If a payment is due on a day that is not a Business Day then it shall be made on the next Business Day if it is in the same month, or otherwise on the previous Business Day. 3.2 The Borrower shall make all payments to Santander without set-off or counterclaim and without making any deduction (other than a deduction of tax required by law). 3.3 Where a deduction of tax is required by law, the Borrower shall increase the payment so that Santander receives the original amount due. 3.4 If Santander considers that it has received the benefit of a tax credit (or a similar relief from tax) in relation to a tax deduction made by the Borrower then it will pay to the Borrower an amount that leaves Santander in the same position as it would have been if no tax deduction had been made. 3.5 All amounts payable under the Agreement or any related documents shall be deemed to be exclusive of VAT. Where VAT is chargeable, the Borrower shall pay to Santander an amount equal to the amount of VAT. 3.6 The Borrower shall pay to Santander, within 3 Business Days of demand, an amount equal to any: reduction in the rate of return of Santander s overall capital; or increase in cost to Santander, suffered as a result of a change in law or regulation or its application (or its implementation) (but not any change to tax on income or a deduction of tax required by law to be made by the Borrower). 4 Interest Interest is calculated daily on a 365 day year (and the actual number of days elapsed), both before and after demand or court order. 5 Fees, Costs and Expenses 5.1 The Borrower shall immediately on request pay to Santander (on an indemnity basis) all costs and expenses reasonably incurred and any liability incurred by Santander in connection with the Agreement and any security, including in relation to: preparing and negotiating the Agreement; granting any consent, waiver or release in respect of the Agreement; taking and releasing security; any valuation of any real property reasonably requested by Santander; investigating any circumstances which Santander reasonably believes may constitute a breach (including any costs of Santander s management time); communicating with the Borrower, if Santander reasonably believes that the Borrower is in breach; any breach of the Agreement by the Borrower; preserving, defending or enforcing Santander s rights (including any costs of Santander s management time); and professional fees and costs. 6 Information Undertakings 6.1 The Borrower must ensure that all Financial Information is prepared using generally accepted accounting principles, and that it consistently applies those principles. 6.2 If the Borrower is a partnership, a limited liability partnership or a trust then it must inform Santander of any change to the partners, members or trustees. 6.3 The Borrower shall promptly provide: any information regarding the financial condition, business and operations of the Borrower and any Guarantor that Santander reasonably requests; and all documents and information needed to comply with Santander s account opening, know your customer and money laundering requirements. 7 Confirmations 7.1 The Borrower confirms to Santander on the date it signs the Letter: it and any Guarantor validly exists under the laws of its (or any Guarantor s) jurisdiction; it and any Guarantor has power and all the necessary authorisations to own its assets and to carry on its business and has good and marketable title to its assets; the entry into and performance of the Agreement does not breach any law or regulation applicable to it or its constitution and it has taken all necessary action to authorise the Agreement and its performance; all information it has given to Santander in relation to the Agreement was true, accurate and complete in all material respects as at the date it was provided or as at the date (if any) at which it was stated, including, without limitation, all information provided by the Borrower prior to the date of the Letter which was requested by Santander or could reasonably be expected to be considered by Santander in deciding whether to lend to the Borrower; all information provided by it or on its behalf in connection with the preparation of any Report was true, complete and accurate in all material respects at the dates supplied and all statements of fact in each Report were true and accurate in all material respects as at the date of the relevant Report; the Agreement and (subject to any applicable registration requirements) the security documents are in full force and effect and each create legal, valid and binding obligations of the Borrower and any Guarantor. 8 Assignments/Assignations 8.1 Santander may assign and/or transfer any of its rights and obligations under the Agreement. 8.2 Santander may disclose any information relating to the Borrower, the Agreement or any security or guarantees in connection with any proposed assignment, assignation and/or transfer. 8.3 References to Santander in the Agreement include its successors. 8.4 The Borrower may not assign or transfer any of its rights and obligations under the Agreement. 9 Notices 9.1 All notices, demands and any consent must be in writing. Where there is any obligation to notify another party under the Agreement that notification must be given in writing. 9.2 Santander may serve a notice or demand to the Borrower at the postal address given in the Agreement, the Borrower s registered address or an address for service if one is given in the Agreement. 9.3 A notice or demand by Santander will be effective at the time of personal delivery or on the second Business Day after posting. 9.4 A notice from the Borrower to Santander must be addressed to the name stipulated in the Notice Details relating to Santander in the Agreement (or any substitute address, department or officer as Santander may notify to the Borrower from time to time) and will be effective on receipt, if received before 4.00pm on a Business Day, or otherwise on the next Business Day. 10 Miscellaneous 10.1 If the Borrower has used any broker or other third party agent in relation to obtaining the Overdraft, it may request details of any fee paid by Santander to that party Santander may set off any obligation which is due and payable by the Borrower and unpaid or any contingent obligation from the Borrower against any obligation (whether or not matured) owed by Santander to the Borrower, regardless of the place of payment, booking branch or currency of either obligation Santander may convert any amount from one currency to another using its then current rate of exchange If Santander waives any right it has under the Agreement, it does not mean that it will waive that right again in future nor does it mean that they have waived any other rights not specifically referred to If a term of the Agreement becomes illegal, invalid or unenforceable in any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such term under the law of any other jurisdiction, will in any way be affected or impaired Santander may disclose information about the Borrower s account(s) to any affiliate, their authorised agents and credit reference agencies for credit assessment, fraud prevention,

3 Page 3 of 5 processing of transactions, debt recovery and general business purposes and to let the Borrower know of any products or services which may be of interest to the Borrower Unless otherwise stated, if the Letter is governed by English or Northern Irish Law, a person who is not a party to the Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement Santander may (but is not obliged to) debit to any account of the Borrower any amount due and payable by the Borrower (but unpaid) under the Agreement or any related documentation Unless otherwise specified, any reference in the Letter to: any agreement or instrument is a reference to that agreement or instrument as the same may have been, or may from time to time be, amended, novated, replaced, restated, supplemented or varied provided that, where Santander s consent is required pursuant to the Agreement or any related document or otherwise to such amendment, novation, replacement, restatement, supplement or variation, such consent has been obtained; a person includes any person, firm, company, corporation, government, state or agency of a state or any association, trust or partnership (whether or not having separate legal personality) or two or more of the foregoing; any person includes that person s successors and (in the case of Santander only) its permitted assignees and transferees; and a provision of law is a reference to that provision as amended or re-enacted. 11 Law 11.1 If the Letter is governed by English law, English courts shall have exclusive jurisdiction and the Borrower submits to the jurisdiction of the courts of England If the Letter is governed by Scots law, the Scottish Courts shall have exclusive jurisdiction and the Borrower submits to the jurisdiction of the courts of Scotland If the Letter is governed by Northern Irish law, the Northern Irish Courts shall have exclusive jurisdiction and the Borrower submits to the jurisdiction of the courts of Northern Ireland The Borrower s address for notices under the Agreement shall be an effective address for service of legal proceedings. 12 Changes to Interest Rates and Charges 12.1 We can make changes to these Terms, including interest rates, fees and charges (removing or adding fees or charges and other terms in accordance with Condition 17 of Part A of the Corporate Terms and Conditions The rate of interest may be varied by Us at any time, but We will not change a fixed rate for the time it is stated to be fixed. The details of interest rates can be requested via Your normal customer enquiry channels. We will tell You about any changes We make to interest rates by either: sending You a letter; or putting a message on Your statement or sending You an ; or other personal notice We will give You no less than 30 days personal notice if (i) We change a Condition of these Terms (including Your rate of interest on that Overdraft when it does not track an External Reference Rate) that relates to the Overdraft; (ii) We increase the overdraft fee or introduce a new overdraft fee However, We do not need to notify You if an overdraft fee is reduced. Please see Your Terms and the non-standard charges factsheet for details of Your current overdraft rates Where Your Overdraft interest rate tracks an External Reference Rate, We will give You notice of the change either before the change comes into effect or at the earliest opportunity afterwards The charges You must pay for the operation of Your Account, or for other services, are set out on Our website or in Your Provision of Services Letter provided by Us. We reserve the right to discount or waive any charges. 13 Overdraft Services 13.1 Requesting an Overdraft You may be able to borrow money from Us by way of an Overdraft on Your Account. There are two different overdraft services available on Your Account. They are: (i) an Arranged Overdraft service; and (ii) an Unarranged Overdraft service Details of all fees and debit interest rates which are payable in relation to each of these overdraft services are set out in Your Terms and the non-standard charges factsheet. Whether You will be charged fees or debit interest in respect of these Overdraft Services depends on Your particular type of Account and this is explained in Your Terms. You will be given a copy of Your Terms following Our acceptance of Your Overdraft application. You can also find details of all our debit interest rates and fees on Our website or by contacting Us using the contact details set out in the facility agreement Arranged Overdraft You can contact Us to discuss and request an overdraft, or an extension to an existing overdraft (an Arranged Overdraft ), in each case up to an agreed Overdraft Limit. After reviewing Your request, We may either: (i) agree to Your request; (ii) offer You a different Arranged Overdraft than the amount You request; or (iii) refuse Your request When You request an Arranged Overdraft, We will tell You how long it is likely to take for Us to process Your request. If We agree to give You an Arranged Overdraft, We will tell You when the Arranged Overdraft will become available to You Subject to the particular Account You hold, interest may be payable by You at a rate of interest for money You borrow by way an Arranged Overdraft. Please see the Arranged Overdraft factsheet or Your Terms for details on whether a rate of interest for Your Arranged Overdraft rate applies to Your particular type of account Subject to the particular Account You hold, an Arranged Overdraft Fee may be payable by You annually for every year in which We make available an Arranged Overdraft to you or You continue to use an existing Arranged Overdraft. Please see Your Terms for details on whether the Arranged Overdraft Arrangement Fee applies to Your particular type of Account Unarranged Overdraft Without contacting Us at all, You can also request an Unarranged Overdraft by trying to make a payment from Your Account, where that payment would: (i) cause Your Account to go overdrawn, or further overdrawn, without an Arranged Overdraft in place; or (ii) cause Your Account to go over, or further over, an Arranged Overdraft Limit We have previously agreed with You, in either case this is referred to as an Unarranged Overdraft request You will automatically be treated as requesting an Unarranged Overdraft if You do not have enough cleared funds in Your Account, or enough unused Arranged Overdraft with Us and: (i) You try to make a payment from Your Account using Your debit card or by cheque; (ii) You try to withdraw money from Your Account; (iii) You make one or more payments from Your Account against a cheque which is later returned unpaid; (iv) You try to make a payment against a deposit in Your Account which has not been processed; or (v) You allow an automated payment, such as a Direct Debit or a standing order, to be processed on Your Account We may agree to give You an Unarranged Overdraft or We may refuse to do so. If We agree to Your Unarranged Overdraft request, We will give You an Unarranged Overdraft to cover the amount of the withdrawal or the payment involved. Depending on Your particular Account, an unarranged overdraft usage fee or unarranged interest may be payable when You do not have sufficient funds in Your Account to cover the payments being made from it during the course of the day and Your Account is in an Unarranged Overdraft. Please see Your Terms or non-standard charges factsheet for details on whether the Unarranged Overdraft Usage Fee or unarranged interest applies to Your particular type of Account Depending on Your particular Account, a Paid Transaction Fee may be payable each time We agree to Your request for an Unarranged Overdraft. The Paid Transaction Fee is in addition to the Unarranged Overdraft Usage Fee or unarranged interest. Please see Your Terms or non-standard charges factsheet for details on whether the Paid Transaction Fee and Unarranged Overdraft Usage Fee or unarranged interest apply to Your particular type of Account Depending on Your particular Account, an Unpaid Transaction Fee may be payable each time We refuse Your request for an Unarranged Overdraft. Please see your Terms or nonstandard charges factsheet for details on whether the Unpaid Transaction Fee applies to your particular type of account Depending on Your particular Account unarranged interest may be payable by You at the Unarranged Overdraft rate on any money You borrow by way of an Unarranged Overdraft. Please see Your Terms or non-standard charges factsheet for details on whether the Unarranged Overdraft rate applies to Your particular type of Account. Where unarranged interest applies to Your account the rate will track the External Reference Rate. Please refer to condition 12 of these Terms for more information on changes to interest rates If You do not have sufficient cleared funds in Your Account or enough unused Arranged Overdraft with Us to cover any fees or arranged interest at the time at which they are debited from Your account, You will be deemed to have applied for an Unarranged Overdraft to cover the fees and charges We take. In these circumstances, You will not be charged a Paid Transaction Fee. However, depending on Your particular Account, the Unarranged Overdraft Usage Fee or unarranged interest may be payable. Please see Your facility agreement or non-standard charges factsheet for details on whether the Unarranged Overdraft Usage Fee or unarranged interest applies to Your particular type of Account General Conditions for All Overdrafts You can repay Your Overdraft, or cancel Your Arranged Overdraft at any time. If You cancel Your Arranged Overdraft You must pay off the whole of the overdrawn balance on Your Account as soon as possible and no later than 30 days after You cancel it. You must also pay all the fees and interest applicable to Your Overdraft We have the right to change Your Arranged Overdraft limit at any time. We can also require You to repay the whole or any part of your Arranged Overdraft at any time. We will usually give You 30 days notice of Our intention to change your Arranged Overdraft Limit or repay the whole or any part of any Overdraft, however We may do either of these things without advance notice to You where it would be reasonable for Us to do so We also have the right to pay off or reduce any overdrawn balance on Your Account by transferring funds from any other accounts You have with us (other than a mortgage account) You must bring Your account into cleared credit from time to time. As a minimum, this will mean once a year or if the Arranged Overdraft facility is specified for a shorter period, on expiry of that period If We have made an Overdraft on Your Account available for a specific period of time, We can require You to repay it at any time if: (i) You are in breach of any of these conditions or any Account terms you have with Us.; (ii) You fail to make payments into Your Account at least once in every calendar month during which the account is overdrawn (the minimum amount of the payments being 5% of the Arranged Overdraft Limit); (iii) You are in breach of any financial obligation You owe to Us or anyone else; (iv) any step, application or proceeding is taken by You, or in respect of the whole or any part of Your undertaking, for a voluntary arrangement or composition or reconstruction of Your debts, winding up, dissolution, administration, receivership (administrative or otherwise) or bankruptcy or, if You are a limited liability partnership, an individual voluntary arrangement of the debts of, or the bankruptcy of, any of Your members; (v) any distress or execution is levied on or affects any of Your property or assets or, if You are a limited liability partnership, the property or assets of any of Your partners; (vi) You or, if you are a limited liability partnership, any of Your partners are, or are deemed to be, insolvent or unable to pay Your or their debts; (vii) You cease to carry on business; or (viii) in the case of a sole trader only, You die We may request that You provide a personal guarantee to cover Your Overdraft facility.

4 Page 4 of 5 14 How to make a complaint We aim to provide a good service, but if We have not provided You with the service You expect or if We make a mistake We want You to tell Us. By telling Us about it We can try to put things right for You and stop it from happening again. The quickest and easiest way is by telling Us about Your concern and You can do this either by: (a) Making a telephone call to Your local Relationship Team or Our Corporate Services team on ; or (b) Contacting Us online at where You can also find out more information on how We handle complaints in Our How to Complain leaflet; (c) Providing details of Your concern to Us in writing at Santander UK Plc, Santander Corporate and Commercial Complaints Team, Zone 1/3 South, 301 St Vincent Street, Glasgow, UK, G2 5NB You may be able to refer Your complaint to the Financial Ombudsman Service. The Financial Ombudsman Service acts as an independent and impartial organisation which helps settle disputes between consumers and financial services providers. You can find out more information about the Financial Ombudsman Service and whether You might be able to refer Your complaint to them at 15 Use of Your information 15.1 Introduction Your personal data is data which by itself, or with other data available to Us, can be used to identify You. We are Santander Corporate & Commercial which is a brand name of Santander UK plc (which also uses the brand name Santander Global Corporate Banking) and Santander Asset Finance plc, the data controllers. This data protection statement sets out how We ll use Your personal data. You can contact our Data Protection Officer (DPO) at 201 Grafton Gate East, Milton Keynes, MK9 1AN if You have any questions. This statement relates to the use of personal data obtained on the directors, shareholders, beneficial owners or any named official who will see the transactions on this account, policy or service You ve applied for. It covers the processing of personal data whether or not You become a customer and includes any processing of personal data before You apply for a product or service. Any references to We or Us are references to Santander Corporate and Commercial. Where there are two or more people named, You understand this data protection statement applies to each person separately. The types of personal data We collect and use Whether or not You become a customer, We ll use Your personal data for the reasons set out below and if You become a customer We ll use it to manage the account, policy or service You ve applied for. We ll collect most of this directly during the application process. The sources of personal data collected indirectly are mentioned in this statement. The personal data We use may be about You as a personal or business customer and may include: Full name and personal details, including contact information (e.g. home and business address and address history, address, home, business and mobile phone numbers) Date of birth and/or age (e.g. to make sure that You are eligible to apply); Financial details (e.g. salary and details of other income, and details of accounts held with other providers); Records of products and services You ve obtained or applied for, how You use them and the relevant technology used to access or manage them (e.g. mobile phone location data, IP address, MAC address); Biometric data (e.g. fingerprints and voice recordings for Touch ID and voice recognition); Information from credit reference or fraud prevention agencies, electoral roll, court records of debt judgements and bankruptcies and other publicly available sources, as well as information on any financial associates You may have; Family, lifestyle or social circumstances if relevant to the product or service (e.g. the number of dependants You have); Education and employment details/employment status for credit and fraud prevention purposes; Personal data about other named applicants. You must have their authority to provide their personal data to Us and share this data protection statement with them beforehand together with details of what You ve agreed on their behalf; and Contact details and information about Your business if You are a prospective customer. Providing Your personal data We ll tell You if providing some personal data is optional, including if We ask for Your consent to process it. In all other cases You must provide Your personal data so We can process Your application (unless You re a customer and We already hold Your details). Monitoring of communications Subject to applicable laws, We ll monitor and record Your calls, s, text messages, social media messages and other communications relating to Your dealings with Us. We ll do this for regulatory compliance, self-regulatory practices, crime prevention and detection, to protect the security of Our communications systems and procedures, to check for obscene or profane content, for quality control and staff training, and when We need to see a record of what has been said. We may also monitor activities on Your account where necessary for these reasons, and this is justified by our legitimate interests or our legal obligations. Using Your personal data: the legal basis and purposes We ll process Your personal data: 1. As necessary to perform our contract with You for the relevant account, policy or service: a) To take steps at Your request prior to entering into it; b) To decide whether to enter into it; c) To manage and perform that contract; d) To update our records; and e) To trace Your whereabouts to contact You about Your account and recovering debt. 2. As necessary for our own legitimate interests or those of other persons and organisations, e.g.: a) For good governance, accounting, and managing and auditing our business operations; b) To search at credit reference agencies if You are over 18 and applies for credit; c) To monitor s, calls, other communications, and activities on Your account; d) For market research, analysis and developing statistics; e) To send You marketing communications, including automated decision making relating to this; and f) To identify and contact potential customers using publically available information and internal insight. 3. As necessary to comply with a legal obligation, e.g.: a) When You exercise Your rights under data protection law and make requests; b) For compliance with legal and regulatory requirements and related disclosures; c) For establishment and defence of legal rights; d) For activities relating to the prevention, detection and investigation of crime; e) To verify Your identity, make credit, fraud prevention and anti-money laundering checks; and f) To monitor s, calls, other communications, and activities on Your account. 4. Based on Your consent, e.g.: a) When You request Us to disclose Your personal data to other people or organisations such as a company handling a claim on Your behalf, or otherwise agree to disclosures; b) When We process any special categories of personal data about You at Your request(e.g. Your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning Your health, sex life or sexual orientation); and c) To send You marketing communications where We ve asked for Your consent to do so. You re free at any time to change Your mind and withdraw Your consent. The consequence might be that We can t do certain things for You. Sharing of Your personal data Subject to applicable data protection law We may share Your personal data with: The Santander group of companies and associated companies in which We have shareholdings and employees, officers, agents or professional advisors of these companies; Sub-contractors and other persons who help Us provide our products and services; Companies and other persons providing services to Us; Our legal and other professional advisors, including our auditors; Fraud prevention agencies, credit reference agencies, and debt collection agencies when We open Your account and periodically during Your account or service management; Other organisations who use shared databases for income verification and affordability checks and to manage/collect arrears; Government bodies and agencies in the UK and overseas (e.g. HMRC who may in turn share it with relevant overseas tax authorities and with regulators e.g. the Prudential Regulation Authority, the Financial Conduct Authority, the Information Commissioner s Office); Courts, to comply with legal requirements, and for the administration of justice; Other parties where necessary in an emergency or to otherwise protect Your vital interests; Other parties where necessary to protect the security or integrity of our business operations; Other parties connected with our account e.g. directors, shareholders, beneficial owners or any named official who will see Your transactions; Other parties when We restructure or sell our business or its assets or have a merger or re-organisation; Market research organisations who help to improve our products or services; Payment systems (e.g. Visa or Mastercard) if We issue cards linked to Your account, who may transfer Your personal data to others as necessary to operate Your account and for regulatory purposes, to process transactions, resolve disputes and for statistical purposes, including sending Your personal data overseas; External sources of publicly available information such as Companies House, Dun and Bradstreet and credit reference agencies; and other internal insight; and Anyone else where We have Your consent or as required by law. International transfers Your personal data may be transferred outside the UK and the European Economic Area. While some countries have adequate protections for personal data under applicable laws, in other countries steps will be necessary to ensure appropriate safeguards apply to it. These include imposing contractual obligations of adequacy or requiring the recipient to subscribe or be certified with an international framework of protection. Further details can be found in the Using My Personal Data booklet. International corridors Where You may have international business needs, We will share information relating to Your company, products and accounts, including transactional information, with Banco Santander S.A., Santander group companies and other partner banks who may be based in other countries, to better support the international operations of Your company and decide whether to offer Your company other products and services. For more information on who those other Santander group companies or other partner banks are, You can contact Your Relationship Director. The data shared will include information on Your company s financial position, its auditable accounts, its directors and shareholders and any information held about the company by Us, such as information about transactions carried out on Your accounts with Us and information regarding any other products and services that You receive from Us. We will do this on the basis of Your legitimate interests. If You do not want Us to share Your data in this way You can speak to Us. Unless You have agreed otherwise, if We believe You may have international business needs We will check whether You have accounts held with other Santander group companies. If there are products or services that We or Our group of companies or partner banks think may meet Your needs We may tell You about these. You can amend Your marketing preferences at any time by contacting Us. Data anonymisation and aggregation Your personal data may be converted into statistical or aggregated data which can t be used to identify You, then used to produce statistical research and reports. This aggregated data may be shared and used in all the ways described above. Identity verification and fraud prevention checks The personal data We ve collected from You at application or at any stage will be shared with fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify Your identity. If fraud is detected, You could be refused certain services, finance or employment in future. We may also search and use our internal records for these purposes. Further details on how Your personal data will be used by Us and these fraud prevention agencies, and your data protection rights, can be found in the Using My Personal Data booklet. We may also hold all the information You give to Us (i.e. name, address, date of birth, nationality) to undertake periodic due diligence checks which banks are required to undertake to comply with UK legislation. Credit reference checks If You apply for any credit product (including as part of an annual review of Your business) We ll perform credit and identity checks on You at Your home and business address with one or more credit reference agencies. To do this We ll supply Your personal data to the credit reference agencies and they ll give Us information about You. When We carry out a search at the credit reference agencies they ll place a footprint on Your credit

5 Page5of5 file. A credit search may either be: a) a quotation search where a soft footprint is left. This has no effect on Your credit score, and lenders are unable to see this; or b) a hard footprint where You ve agreed/requested Santander to proceed with Your application for credit. This footprint will be viewable by other lenders and may affect Your ability to get credit elsewhere. (A credit search is not carried out if You are under 18.) We ll also continue to exchange information about You with credit reference agencies while You have a relationship with Us. The credit reference agencies may in turn share Your personal information with other organisations. The personal data shared with the credit reference agencies will relate to You and Your business. Details about Your application (whether or not it s successful) will be recorded and We ll give details of You, the business and its proprietors, and Your accounts and how You manage them to credit reference agencies. If You do not repay any debt in full or on time, they ll record the outstanding debt and supply this information to others performing similar checks, to trace Your whereabouts and to recover debts that You owe. Records remain on file for 6 years after they are closed, whether settled by You or defaulted. A financial association link between joint applicants or between yourself and any named business partner or individual will be created at the credit reference agencies. This will link Your financial records and be taken into account in all future applications by either or both of You until either of You apply for a notice of disassociation with the credit reference agencies. If You are a director We will seek confirmation from the credit reference agencies that the residential address that You provide is the same as that shown on the restricted register of directors usual addresses at Companies House. If You apply for a secured overdraft, We may pass any information and documentation relating to this secured overdraft to any persons with a legal or equitable interest in the security, whilst the overdraft remains in force. The identities of the credit reference agencies, and the ways in which they use and share personal information is explained in more detail in the Using My Personal Data booklet, or via the Credit Reference Agency Information Notice (CRAIN) document which can be accessed via any of the following links: experian.co.uk/crain equifax.co.uk/crain callcredit.co.uk/crain Automated decision making and processing Automated decision making involves processing Your personal data without human intervention to evaluate Your personal situation such as Your economic position, personal preferences, interests or behaviour, for instance in relation to transactions on Your accounts, Your payments to other providers, and triggers and events such as account opening anniversaries and maturity dates. We may do this to decide what marketing communications are suitable for You, to analyse statistics and assess lending and insurance risks. All this activity is on the basis of our legitimate interests, to protect our business, and to develop and improve our products and services, except as follows; when We do automated decision making including profiling activity to assess lending and insurance risks, this will be performed on the basis of it being necessary to perform the contract with You or to take steps to enter into that contract. Further details can be found in the Using My Personal Data booklet. Your marketing preferences and related searches We ll use Your home address, phone numbers, and address to contact You according to Your preferences. You can change Your preferences or unsubscribe at any time by contacting Us. If You are over 18, We may search the files at credit reference agencies before sending marketing communications to You about credit. The credit reference agencies don t record this particular search or show it to other lenders and it won t affect Your credit rating. We do this as part of our responsible lending obligations which is within our legitimate interests. You confirm that You have been asked about Your marketing preferences as part of this application, and if You wish to change these options You can do so at any time. Criteria used to determine retention periods (whether or not You become a customer) The following criteria are used to determine data retention periods for Your personal data: Retention in case of queries. We ll retain Your personal data as long as necessary to deal with Your queries (e.g. if Your application is unsuccessful); Retention in case of claims. We ll retain Your personal data for as long as You might Legally bring claims against Us; and Retention in accordance with legal and regulatory requirements. We ll retain Your personal data after Your account, policy or service has been closed or has otherwise come to an end based on our legal and regulatory requirements. Your rights under applicable data protection law Your rights are as follows (noting that these rights don t apply in all circumstances and that data portability is only relevant from May 2018): The right to be informed about our processing of Your personal data; The right to have Your personal data corrected if it s inaccurate and to have incomplete personal data completed; The right to object to processing of Your personal data; The right to restrict processing of Your personal data; The right to have Your personal data erased (the right to be forgotten ); The right to request access to Your personal data and information about how We process it; The right to move, copy or transfer Your personal data ( data portability ); and Rights in relation to automated decision making including profiling. You have the right to complain to the Information Commissioner s Office. It has enforcement powers and can investigate compliance with data protection law: ico.org.uk. For more details on all the above You can contact our DPO or request the Using My Personal Data booklet by asking for a copy from Your relationship contact point or online at santandercb.co.uk. Group companies For more information on the Santander group companies, please see the Using My Personal Data booklet. Santander is able to provide literature in alternative formats. If you would like to receive correspondence in an alternative format please discuss with your Relationship Director AUG 18 H BR Santander Corporate & Commercial is a brand name of Santander UK plc (which also uses the brand name Santander Global Corporate Banking) and Santander Asset Finance plc. Registered Offices: 2 Triton Square, Regent s Place, London, NW1 3AN, United Kingdom. Registered Numbers and respectively. Registered in England and Wales. Santander UK plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Our Financial Services Register number is You can check this on the Financial Services Register by visiting the FCA s website Santander and the flame logo are registered trademarks.