Kuflink Ltd is authorised and regulated by the Financial Conduct Authority (FCA) (Registration Number 724890).
Kuflink Ltd is not covered by the Financial Services Compensation Scheme.
Kuflink Ltd has its registered office at 12 Helmet Row, London, EC1V 3QJ.
Past returns are not necessarily a guide to future returns.
Kuflink Ltd is authorised and regulated by the Financial Conduct Authority (FCA) (Registration Number 724890).
Kuflink Ltd is not covered by the Financial Services Compensation Scheme.
Kuflink Ltd has its registered office at 12 Helmet Row, London, EC1V 3QJ.
Past returns are not necessarily a guide to future returns.
Terms of Agreement
These Lender Terms constitute an agreement made for the purposes of compliance with Article 36H of the Regulated Activities Order. It regulates the relationship between you as Lender, Kuflink as Operator and one or more entities as Borrowers. Together with a Deed of Novation entered into under the Novation Process, these Lender Terms constitute a "credit agreement" for the purposes of Article 60B of the Regulated Activities Order.
You can enter into these Lender Terms by clicking to accept on the Website. You are recommended to read these Lender Terms in full before doing so. You are also recommended to retain a copy of these Lender Terms for your own purposes and future reference. The Operator agrees to be bound by these Lender Terms as soon as you click through.
In order for the Deed of Novation to be entered into in your behalf under the Novation Process, you also need to execute and have witnessed the Power of Attorney appearing in the Schedule to this Agreement. There is facility via the Website for you to scan this to the Operator.
1. Definitions and Interpretation
1.1 Please note that the Operator has prepared these Lender Terms, so far as is possible, to be readable and easy to understand. It is unfortunately necessary that it contains legal jargon and defined terms, in order that these Lender Terms work in practice.
1.2 These Lender Terms use the following defined terms:
Advance any advance by you, as a Lender, of moneys to the Client Account for the purpose of funding the novation of one or more Initial Facility Agreements, which may be made no sooner than 14 days from the date of your agreement to these Terms
Article 36H article 36H of the Regulated Activities Order
Article 36H Agreement these Lender Terms in conjunction with a Deed of Novation, which combine to have the effect of creating a lender-borrower relationship constituted via the Website in relation to the Novated Part to which the Deed of Novation refers
Bank Metro Bank, the bank at which the Operator holds on behalf of Lenders (such as yourself) all Client Money
Borrower an entity that has agreed to borrow or has borrowed funds from the Facility Provider pursuant to a Facility Agreement
Business Day a day (excluding weekend days and public holidays in any part of the UK) when the Bank is open for non-automated customer business in London
Client Money money comprised in Advances from Lenders, that is therefore treated as “client money”, and thereby subject to regulatory protections, in accordance with relevant provisions in the FCA Rules
Client Money Account the account which the Operator has opened at the Bank to receive deposits of Client Money
the Declaration of Trust a declaration of trust made by the Security Trustee in its capacity of bare trustee of each and every Security (an executed version of which is available from the Website)
Deed of Novation a Deed entered into under the Novation Process, which has the effect of novating to you a part (as specified therein) of the Facility, and which together with these Lender Terms constitute an Article 36H Agreement
Facility Agreement an agreement under which a Borrower has agreed to borrow a sum of money from the Facility Provider and to provide the Security Trustee with a Security and which contains a provision that permits the Facility Provider to arrange for refinance through the Novation Process of part of the Initial Loan Facility via the Website
the Facility Provider Kuflink Bridging Limited (company registration number 07889226, being in the same corporate group as the Operator) which has agreed to make an Initial Loan Facility available to a Borrower, on the basis that part of the same (as permitted by the Facility Agreement) is to be refinanced through the Website via the Novation Process
FCA The Financial Conduct Authority, which authorises and regulates the Operator pursuant to Article 36H (and FCA Rules refers to the rules and guidance issued by the FCA and in force from time to time)
FSMA The Financial Services and Markets Act 2000
Initial Loan Facility a secured loan made by the Facility Provider to a Borrower under the terms of a Facility Agreement
Lender any individual (such as yourself) who enters into one or more Article 36H Agreements with one or more Borrowers and the Operator
the Novation Process the process, described at clause 5, by which an Initial Loan Facility is novated in one or more parts to Lenders such as yourself
Operator Kuflink Ltd (company registration number 08460508) whose registered office address is at 12 Helmet Row London EC1V 3QJ, and which operates the Website
Power of Attorney a power of attorney in the form set out in the Schedule to these Terms, under which you as Lender empower the Operator to execute Deeds of Novation on your behalf so as to perfect these Lender Terms plus each such Deed of Novation into an Article 36H Agreement
Regulated Activities Order the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
Security a security in the form of a mortgage over land in the United Kingdom
Security Trustee Kuflink Security Trustees Limited (Company number 10144602), which is a sister entity to the Operator
Website the Operator’s website, whose address is www.kuflink.co.uk
2. About yourself
2.1 By entering into these Lender Terms, you warrant to the Operator and to the Borrower as follows:
2.1.1 you are a private individual;
2.1.2 you have provided to the Operator a valid residential address for yourself in the United Kingdom;
2.1.3 you are over the age of 18;
2.1.4 you are proposing to lend your own money;
2.1.5 you have validly executed and delivered as a deed the Power of Attorney; and
2.1.5 you are not acting on behalf of another person (unless you are that person’s lawfully appointed trustee, of which fact the Operator will require written evidence).
2.2 Please note that the Operator is entitled to terminate these Lender Terms if it becomes aware that any of the warranties at clause 2.1 is untrue.
2.3 You further confirm that you have reviewed the risk warnings on the Website that apply to Lenders and Advances, and appreciate from these that you are at risk of losing potentially all of the money that you agree to provide as an Advance.
3. About the Operator
3.1 The Operator is authorised and regulated by the FCA (ref. 724890). It is permitted under the terms of its authorisation:
3.1.1 to operate the Website, pursuant to Article 36H; and
3.1.2 as a function of doing so, to hold and control Client Money.
3.2 The Operator is not regulated by the FCA or any other regulatory authority for any other purpose under FSMA. In particular, the Operator does not give Lenders advice on Advances, nor evaluate for Lenders the risks of making Advances.
3.3 The Operator warrants to you as follows:
3.3.1 It has chosen the Bank and established the Client Money Account on the basis of exercising due skill and care, and will review the appointment of the Bank periodically;
3.3.2 the Security Trustee has entered into the Declaration of Trust;
3.3.4 no Article 36H Agreement entered into via the Website will be a:
(a) regulated mortgage contract as defined in accordance with article 61 of the Regulated Activities Order; or
(b) regulated consumer credit transaction as defined for the purposes of article 60B of the Regulated Activities Order;
3.3.5 in relation to any Borrower that is deemed to become a party to these Lender Terms through the Novation Process:
(a) the Operator shall itself carry out, reasonable due diligence so as to ensure that each such Borrower is solvent and in good standing;
(b) each Borrower or any other provider of Security over which its Initial Loan Facility is secured has capacity to charge the land to the Security Trustee; and
(c) the open market value of the land charged as mentioned in (b) above is, as at the date the Security is created, sufficient for the purposes of an enforcement of that Security in the event of the Borrower’s default;
3.3.6 the Borrower will pay all interest and repay all capital due under the terms of each Initial Loan Facility to the Operator; and
3.3.7 the Operator will notify you when moneys arising from the payment of interest or repayment of principal to which you become entitled under each such Initial Loan Facility by reason of the Novation Process have been transferred to the Client Money Account, so that you may direct the Operator whether to pay these moneys out to your order or treat them as constituting a new or further Advance.
3.4 The Operator does not warrant that the Bank is incapable of failure as a business, and is not responsible to you for loss sustained in the event that the Bank should fail and, in having done so, there is found to be a deficiency in the Client Money Account.
3.5 In the following circumstances, the Operator does not warrant that a Security shall be sufficient to meet the Operator's obligations to ensure that Advances you have made are repaid (with or without interest), namely:
3.5.1 where the Security Trustee, in enforcing such Security against a Borrower that has defaulted, finds that it is impossible to realise the full value (taking into account its reasonable costs) of the Initial Loan Facility from a sale of the secured land;
3.5.2 where a Borrower has defaulted and in the Operator's reasonable opinion it is not commercially practical to enforce the Security in question; or
3.5.3 where the Security Trustee has defaulted in circumstances not reasonably foreseeable to the Operator and it is found that the assets held subject to the Declaration of Trust are insufficient to meet the full value of outstanding Advances and interest due thereon.
3.5.4 In the event of default resulting in loss. Kuflink Bridging (sister company of Kuflink Limited) shall bear the first 20% of any loss.
3.6 The Operator maintains the Website. It does so in accordance with good business practice and standards in relation to commercial ventures operating on-line. However:
3.6.1 the Operator is permitted to take down part or all of the Website at any time, with or without notice, should essential maintenance be required; and
3.6.2 the Operator is not liable to you for any loss you may sustain (including lost opportunity) which is the result of a temporary suspension of the Website (whether this falls under clause 3.6.1 or is the result of some act or omission of a third party).
4.1 Under these Lender Terms, you may make Advances via the Website. Please follow the instructions on the Website that explain how Advances are to be made. The Operator generally only accepts Advances in Pounds Sterling made from an account at a UK bank or building society.
4.2 Any Advance you make is treated as Client Money and is credited to the Client Money Account. However:
4.2.1 please note that the Operator is entitled to deduct from the Advance a fee for management of the Novation Process equal to % of the Advance (but subject to a maximum of £●); and
4.2.2 if at the time of making an Advance you owe money to the Operator under these Lender Terms for any purposes, the Operator is entitled to deduct the money owed from the Advance to pay or set off against the amount owed.
4.3 For as long as all or any part of an Advance you have made is held in the Client Money Account, this money is technically and beneficially yours, and you are entitled to recall all or any part of such money on 5 Business Days’ notice by email to the Operator. The Operator will request that the Bank retransfers such money as you may direct, but the expenses of any retransfer may be deducted from the money involved.
4.4 Please note that the Client Money Account is not an interest-bearing account insofar as Lenders are concerned. If the Client Money Account should generate interest, this accrues for the benefit of the Operator.
4.5 The Operator maintains a system that supports the Website which allocates moneys from Advances from Lenders towards the novation of part-loans comprised within a range of available Initial Loan Facilities. You as Lender do not have control over this process, except that you may specify to the Operator if there are criteria for the types of Article 36H Agreement to which you wish to be exposed under the Novation Process. The selection criteria involved here are specified on the Website. Subject to this, the basis for the allocation to you of interests in the novation of Initial Loan Facilities is automated by the algorithms that support the operation of the Website.
4.6 If you consider that at any time the Website has applied criteria to your lending and/or debited moneys from those that you have Advanced to the Operator in a manner contrary to your instructions to the Operator, you should notify the Operator via the Website within one Business Day of the day you are notified of the application of your Advances, and the Operator will use its reasonable endeavours to investigate the matter and resolve the issue as promptly as possible.
5. Application of Advances: the Novation Process
5.1 By execution and delivery of the Power of Attorney, you grant to the Operator the right and authority to act in your name by:
5.1.1 executing Deeds of Novation in your name, the purpose of each of which is to novate part of an Initial Loan Facility (as specified in the Deed of Novation) to you as lender in substitution for the Facility Provider (and to procure that the Facility Provider executes each such Deed of Novation in its own right and in the name and on behalf of the Borrower of the Initial Loan Facility in question; and
5.1.2 debiting the Client Money Account in respect of Client Money held there from your Advance and applying that money towards the novation of one or more Initial Loan Facilities (and to do so in tandem with moneys held as Advances from other Lenders who are party to terms equivalent to this Agreement).
This is referred to in this Agreement as "the Novation Process". The Novation Process has the effect of making each relevant Borrower a party to these Lender Terms with you in accordance with Article 36H, thus constituting one or more Article 36H Agreements validly entered into via the Website.
5.2 Under the Novation Process, the Security Trustee is automatically treated for all purposes as recognising the beneficial interests of all Lenders whose Advances have been applied towards novation of each Initial Loan Facility. This enables the Security Trustee to take any action needed to enforce each Security in the event that a Borrower who has given it should default in his obligations under the Initial Loan Facility.
5.3 The effect of the arrangement involving the Security Trustee in clause 5.2 above is that you do not have any personal right to revoke or interfere with any Initial Loan Facility (before) or Article 36H Agreement (after) the Novation Process, nor to seek to amend its terms or to enforce it if the Borrower has defaulted. Nor is the Security Trustee or the Operator obliged to consult with you prior to or in contemplation of such enforcement.
5.4 For avoidance of doubt, once any money is paid out of the Client Money Account under the Novation Process, it ceases to have the status of Client Money and the protections afforded to Client Money under the FCA Rules. Money so paid is used to repay part (usually 80%) of the moneys provided to the Borrower by the Facility Provider under the Initial Facility Agreement.
5.5 A pro forma of the Deed of Novation is available from the Website.
6. Role and function of the Security Trustee
6.1 The Security Trustee is responsible for holding in trust, as a bare trustee and subject to the terms of the Declaration of Trust, the legal title to each and every Security created by each Borrower upon entering into an Initial Facility Agreement.
6.2 The Declaration of Trust shall endure for a maximum of 80 years, or for such lesser period at which time the trusts to which it relates have been discharged.
6.3 The Security Trustee will, at the direction of the Operator, ensure that full and accurate records are maintained of each beneficial interest subsisting from time to time under the Declaration of Trust. You are entitled to request a statement from the Operator of the extent of your beneficial interest, but not that of any other Lender (which is confidential information of the Operator and that Lender).
6.4 You agree that these Lender Terms do not give you a right against the Security Trustee for any purpose other than as may arise on account of the beneficial interest in any Security becoming novated to you under the Novation Process.
7.1 Subject to the provisions of this clause 7, the Operator undertakes to you that it will take (or procure that the Security Trustee takes) appropriate action (including legal proceedings where necessary) to enforce any Security in relation to any Initial Loan Facility where the Borrower has defaulted. Such enforcement may include a sale in possession or such other remedies at law that the Operator considers most appropriate.
7.2 The Operator is not required to take any action to enforce a Security in circumstances where in its reasonable opinion:
7.2.1 there is no realistic prospect of recovering the value, or a reasonable proportion of the value, of the Security through the taking of such action; or
7.2.2 the cost of taking enforcement action is disproportionate to the value that is likely to be recovered from the Borrower or from the realisation of the Security in question.
8.1 As soon as the Operator has received into the Client Money Account in relation to a given Initial Loan Facility a sum equal to the total of:
8.1.1 the amount applied from your Advance under the Novation Process (and which is stated in the relevant Deed of Novation): plus
8.1.2 all interest attributable to that amount,
the Operator will ensure that the same is paid to you or held for your benefit as a further Advance (as you may direct). The Operator will ordinarily make a payment to reflect the precise amount of principal and interest stated in the relevant Deed of Novation, and it is your responsibility to query any payment within two Business Days of receipt if you consider that the amount you have received is incorrect.
8.2 Any balance attributable to the Initial Loan Facility after satisfaction of moneys due to you under clause 8.1 and not attributable to other Lenders shall become the property of the Facility Provider absolutely.
9.1 All notifications from the Operator to you will be provided to the email address which you have registered with the Operator. If you wish to change that address, you must notify the Operator by email or via the Website.
9.2 Any notification that you wish to draw to the attention of the Operator must be communicated via the Website or by email to email@example.com .
9.3 Notifications to which this clause 9 relates are deemed valid on despatch unless the sender receives a postmaster delivery error (or equivalent) within 30 minutes of sending.
10. Commencement and Termination
10.1 These Lender Terms become effective as between you and the Operator on the date (which the Operator will confirm to you by email) on which the last to happen of the following occurs:
(a) your provision to the Operator of such materials as it requires in order to discharge its obligations under the FCA Rules to identify you and accept you as a client;
(b) your execution and delivery of the Power of Attorney; and
(c) your provision of a first Advance to the Operator for credit to the Client Money Account.
These Lender Terms then remain in force until terminated in accordance with any provision of this clause 10.
10.2 You may terminate these Lender Terms at any time by notice to the Operator.
10.3 The Operator may terminate these Lender Terms at any time by notice to you.
10.4 This Agreement terminates automatically if:
10.4.1 the Operator ceases to be appropriately authorised and regulated by the FCA in accordance with Article 36H;
10.4.2 the Operator becomes insolvent;
10.4.3 you become bankrupt or die (though in each case without prejudice to the right of your trustees or personal representatives to approach the Operator to enter into an agreement in broadly identical form to this Agreement).
10.5 For avoidance of doubt, these Lender Terms do not terminate merely because a point is reached at which you have no remaining outstanding Advances or unrepaid balances in accordance with any Deeds of Novation.
10.6 Upon termination:
10.6.1 the Operator, having set off any expenses or fees owed it, shall arrange the transfer to you of such moneys as are comprised within the Client Money Account and represent your Advances or repayment of or payment of interest specified in any outstanding Deeds of Novation;
10.6.2 the Operator may take such steps as are reasonable in the circumstances to terminate, assign or otherwise pay off obligations to you in relation to any Advances you have made which are outstanding. The Operator is not obliged to take such action, and it may be that such Advances will require to remain in place until they are repaid under the normal course of these Lender Terms as if the relevant provisions were all still in force.
11. Ancillary provisions
11.1 The Operator may delegate the performance of any of its functions under these Lender Terms:
11.1.1 other than to any Borrower, any Lender or the Security Trustee; and
11.1.3 except where the Operator is required by the FCA Rules or Article 36H to perform them itself.
11.2 The Operator may amend these Lender Terms where required to do so to comply with FCA Rules or Article 36H or where such amendment is commercially necessary for the continued proper operation of the Website, and will give you notice of any such amendment.
11.3 For the purposes of the Contracts (Rights of Third Parties) Act 1999:
11.3.1 each Borrower a part of whose Initial Loan Facility has been novated to you is deemed to be a party to the Article 36H Agreement with you constituted in the manner noted at clause 5.1.1 above, but solely in relation to the relevant Deed of Novation and matters arising from it; and
11.3.2. the Security Trustee acting in accordance with the Declaration of Trust may enforce any provision of these Lender Terms applicable to it in that capacity;
but no other person not a party hereto may enforce any of the provisions of these Lender Terms for any purpose.
11.4 Please note that although the Operator in general terms keeps all information it receives concerning Lenders confidential, the Operator is under an obligation to disclose any such information to the FCA upon demand or if required to do so under the terms of the FCA Rules.11.5 These Lender Terms and each and every Article 36H Agreement arising in accordance with the Novation Process are subject to English law and to the exclusive jurisdiction of the English
Last updated on 12-09-2016.
This website is operated by Kuflink Limited (Kuflink, we, us, our). We are registered in England under company number 08460508 and our registered office is at 12 Helmet Row, London, England, EC1V 3QJ. We are registered with the Financial Conduct Authority (registration number 724890).
If you wish to complain about any User Content posted on the website by a third party, or any other content which appears on the website, please contact us through our contact form or by using our contact details in paragraph 14 below. Please precisely identify the content about which you are notifying us, including the page of the website on which it is posted. You should also provide us with full details of your complaint and, if you are alleging copyright infringement, evidence that you own the copyright. We will then review the material and decide what action should be taken, if any. We will deal appropriately with any content which, in our opinion, is in breach of these Terms. We will endeavour to inform you of the outcome of our review, if appropriate, within a reasonable time of receiving your complaint.
The further provisions of this paragraph 8 shall be subject to this paragraph 8.1.
provided that nothing in this paragraph 8.3 shall prevent claims for loss of or damage to your tangible property or any other claims for direct loss that are not expressly excluded by this paragraph 8.
Thank you for visiting the website.
Last updated: [13-09-2016]
For the purposes of the Data Protection Act 1998, Kuflink Limited is the data controller. We are registered as a data controller with the Information Commissioner's Office under registration number ZA179118. Kuflink is registered in England under company number 08460508 and our registered office is at 12 Helmet Row, London, England, EC1V 3QJ. We are registered with the Financial Conduct Authority (registration number 724890).
(a) When you access, browse this website (including when you submit personal information to us through data entry fields on the website), continue to use this website and proceed through our application or verification processes, we may collect information from you, which may include the following personal information:
(i) your name;
(ii) your current and previous postal addresses;
(iii) your phone, fax and e-mail details;
(iv) your date of birth;
(v) your passwords and security question answers;
(vi) comments you make on blogs and discussion forums on the website;
(vii) any information about yourself that you volunteer in contact forms you submit through our website or when corresponding with us by telephone, email and post;
We may also collect:
(viii) financial information (including bank or building society account details and details of debit cards used in relation to our services);
(ix) sensitive information (such as any medical information) you disclose to us (although we will always get specific permission from you before recording this type of information);
(ix) information you provide in our registration or application processes (including, if you are a borrower, agent or investor, certain personal, identity, contact and financial information about directors, partners, members, shareholders, beneficial owners and guarantors);
(x) data about your activities using Kuflink, including information about your computer (for example, your IP address, operating system and browser type. This information is collected automatically when you use our website.
(b) We may also lawfully obtain information about you from third parties including credit reference agencies, fraud prevention agencies, insolvency practitioners, debt advisers, tracing agents, commercial databases, marketing databases, public records and other publicly available information sources, including information about your business or company (e.g. previous credit applications, personal credit information, electoral register and fraud prevention information).
(c) If you give us false or inaccurate information and we suspect or identify fraud, we will record this.
(d) If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies.
(f) We do not knowingly collect information from individuals who are under the age of 18. If you are under the age of 18, please do not use the website or attempt to register with us or provide any personal information about yourself on our website. If you have already done so, you must notify us.
We will use your information to provide you with information and services that you request from us, to enable us to provide you with information that we feel may be of interest to you and for other legitimate business purposes. This may include for the purposes of assessing your application, opening and maintaining accounts, verifying your identity, transferring or receiving money and, if you are a borrower, enforcing loan provisions or tracing you in the case of a default. Where you have consented to us doing so, we may use your information to contact you about our products and services we think may be of interest to you and may provide your details to carefully selected third parties for the same purpose.
We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:
(i) checking details on applications for credit and credit related or other facilities
(ii) managing credit and credit related accounts or facilities
(iii) recovering debt
(iv) checking details on proposals and claims for all types of insurance
(v) checking details of job applicants and employees
Please contact us if you want to receive details of the relevant fraud prevention agencies.
We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.
(d) We use the information that we collect automatically to administer our website and for internal operations (including troubleshooting, data analysis, testing, research, statistical and survey purposes) and to improve our website and ensure the content is presented in the most effective manner for you and your computer. We also use this information as part of our efforts to keep the website safe and secure and to measure or understand the effectiveness of any advertising we serve to you and others. We may also collect anonymised details about visitors to the website for the purposes of aggregate statistics or reporting purposes and to calculate referral fees. However, no single individual will be identifiable from the anonymised details we collect or disclose for these purposes.
We may share your information with any member of the Kuflink Group and with certain of our business partners, service providers and subcontractors in connection with the performance of any contract we enter into with you or them. We may also disclose your information to third parties where you have consented for us to do so, where we are under a legal, regulatory or professional obligation to do so, where we need to enforce or apply our various terms, policies and other agreements, or if it becomes necessary to protect the rights, property or safety of Kuflink, our customers or any other person. If we merge, reorganise or transfer all or part of our business, we may disclose information we hold about you to successors (and potential successors) of the business.
If we refer any dispute between us to the ODR Platform<http://ec.europa.eu/consumers/odr>, and/or we agree to engage in any alternative dispute resolution ("ADR") procedure with you through the ODR Platform, then to the extent that your personal data is relevant to the dispute we may disclose it to the European Commission, as operator of the ODR Platform, and to any ADR provider appointed to deal with the dispute.
(a) When credit reference agencies receive a search from us they will:
(i) place a credit search “footprint” on your company credit file whether or not your application proceeds. If the search was for a credit application the record of that search (but not the name of the organisation that carried it out) may be seen by other organisations when your business applies for credit in the future;
(ii) place an enquiry search on the personal credit files of any director/owner or partner that have been searched. Place an associate enquiry search on your personal financial partner’s credit file, if that is checked, if they are a director. These enquiry searches will not be seen by other organisations if any director/owner or partner applies for credit in the future;
(iii) link together the previous and subsequent names advised by you, of anyone that is a party to the account;
(iv) place an enquiry or identification search on the record of any shareholder who is a beneficial owner and who we have checked;
(v) create a record of the name and address of your business and its proprietors if there is not one already.
(b) Credit reference agencies supply the following information to us:
(i) information about your business or company, such as previous applications for credit and the conduct of the accounts and also similar personal credit information in your name and of your business partners;
(ii) public information such as County Court Judgments (CCJs) and bankruptcies;
(iii) electoral register information on you and your business partners;
(iv) fraud prevention information; and
(v) confirmation or otherwise that the usual residential addresses supplied by directors match those on the restricted register held at Companies House (or for those directors’ addresses registered under section 243 of the Companies Act, that the usual residential addresses supplied by directors match those on the credit reference agency’s proprietary business directory).
(c) Credit reference agencies will keep records of outstanding debt on file for six years after they are closed, whether settled by you or defaulted.
(d) Your information will not be used by credit reference agencies to create a blacklist or to make a decision.
(e) The information which we and other organisations provide to the credit reference agencies and fraud prevention agencies about you, your business partners and details about your business may be supplied by credit reference agencies and fraud prevention agencies to other organisations and used by them to:
(i) prevent crime, fraud and money laundering by, for example checking details provided on applications for credit and credit related or other facilities;
(ii) check the operation of credit and credit-related accounts;
(iii) verify your identity if you or your business partner(s) applies for other facilities;
(iv) make decisions on credit and credit related services about you and/or your business partner, or your business;
(v) manage your personal, your business partner’s and/or business credit or credit related account(s);
(vi) trace your whereabouts and recover debts that you owe;
(vii) conduct other checks to prevent or detect fraud; and
(f) undertake statistical analysis and system testing.
Organisations may access and use from other countries the information recorded by fraud prevention agencies.
We do not accept any responsibility or liability for third-party websites or their privacy policies and we strongly advise you to check such policies and the reputation of the website before you submit your information to, or carry out any transaction on, any third-party website. We welcome any feedback you may have about third-party websites linked to from our website.
The Data Protection Act 1998 gives you the right to access information we hold about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. If you would like to request a copy of your information or would like to change the information we hold about you, please contact us.
Cookies are small data files which are placed on your computer by this website and which collect certain personal information about you.
Cookies enable us to tailor our service offering (including the website) and to provide you with a better service.
We use the following cookies:
(i) 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. They do not gather information about you that could be used for marketing purposes or remembering where you’ve been on the Internet.
(ii) Analytical/performance cookies. They allow us to collect information about how you use our website, such as, how you move around our website and if you experience any errors. These cookies do not collect any information that could identify you; all of the information collected is anonymous and is only used to help us improve the way our website works, understand what interests our users and measure how effective our advertising is.
(iii) 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 and improve your visit.
Generally, cookies which are strictly necessary for the operation of the website will expire when you leave the website. Other cookies may be more permanent or not expire unless you actively delete them.
We take appropriate technical and organisational measures to safeguard the personal information that you provide to us. Unfortunately, the transmission of information via the internet is not completely secure and, although we will do our best to protect your information, we cannot guarantee the security of any of your information transmitted via the website. Consequently, any transmission is at your own risk and we accept no liability if communications are intercepted by third parties or incorrectly delivered or not delivered. If we become aware that the security of your information has become compromised, you must inform us immediately.
The Data Protection Act 1998 gives you the right to ask us not to process your personal information for marketing purposes. If you would like to exercise your right to prevent such processing, just let us know. You may “opt-out” of receiving promotional emails from Kuflink Limited by following the instructions in those emails. You may also send requests relating to promotional messages and your permission for sharing information with third parties for our operational or their marketing purposes by emailing firstname.lastname@example.org. Opt-out requests will not apply to transactional service messages, including messages about your current Kuflink Limited services.