Privacy Policy
TM Connect Limited, operator of Fluid.co.uk and owner of the Fluid brand, is a credit broker, not a lender. On Fluid.co.uk you will find Fluid branded products and services that are provided to you by our third-party provider, NewDay Limited (“NewDay”). TM Connect Limited has entered into a partnership with NewDay to promote Fluid branded products on NewDay’s behalf. Our role is to introduce you to the products you express an interest in, and as part of that introduction, we will collect your information and share it with NewDay. The purpose of this Privacy Notice is to explain how we will use your data.
Any changes we make to this privacy notice will be posted on this page, so please check back frequently.
This privacy notice applies only to the personal data collected by TM Connect Limited. For details of how NewDay will treat your personal data, please see their privacy notice here.
You should also read our Terms and Conditions and Cookies Policy carefully before you decide to use Fluid.co.uk.
1. Introduction
Fluid.co.uk, it's associated URLs and the “Fluid” brand are
owned and operated by TM Connect Limited, trading as Fluid (Fluid).
In this privacy notice, “our”, “we”, and “us” refer to TM Connect Limited.
We are committed to protecting and respecting your privacy.
We:
(a) are registered in England and Wales (Company Registration Number
06967012) with VAT number 974859255;
(b) have our registered office and main trading address at Chapter House,
16 Brunswick Place, London N1 6DZ;
(c) are authorised and regulated by the Financial Conduct Authority in
respect of consumer credit related activities including the carrying out
of credit broking (FCA FRN 511936). Data protection law applies to our
collection and use of personal information and TM Connect Limited is a
data controller for that personal information (ICO Registration
Number Z2112995).
If you have any questions about this privacy notice or our use of your personal
data, please contact us. If you
wish to contact our Data Protection Officer you can email them
at dpo@fluid.co.uk.
2. Who we are
The service we provide through Fluid.co.uk is to introduce you to NewDay for the purposes of promoting Fluid branded products. If you wish to proceed to check your eligibility for their products, or to apply for their products, we collect your information and pass it through to NewDay for those purposes. We do not offer credit ourselves, we act as a credit broker. We also work with our sister company, TotallyMoney Limited, to provide you with access to other offers should you be unsuccessful in obtaining the Fluid product that you apply for.
3. What data we collect about you
Personal data means any information about an individual from which
that person can be identified. It does not include data where the identity
has been removed (anonymous data). We may collect, use, store and transfer
different kinds of personal data about you. In this privacy notice we’ve
used the following definitions to refer to some of this data:
Quote form data – this is the information you submit through the
website e.g. if you complete a form to check your eligibility for the Fluid
credit card.
Correspondence - if you contact us, we will keep a record of that
correspondence.
Product application data - we may, to the extent it is necessary,
be provided with details of transactions you carry out through or as a result
of using the website. We receive this data on a pseudonymised basis which
means that personal data fields are removed or replaced such that we are no
longer able to identify you. We use this data for the purposes of calculating
commissions owed to us.
Technical and behavioural data - this refers to details of your visits
to the website including the actual pages you visit, IP address (from which we
may derive your location) and details of the resources that you access. We also
capture information about your computer or device including, where available,
your operating system and browser type.
4. How we use your data
4.1. To provide our service
We use your data to provide you with information about products or services
offered by NewDay, including to process a request for a quotation for a NewDay
product or service that you make through our website.
We also use your data to enable NewDay to carry out, a soft search against your
credit file in order to provide you with your likelihood of being accepted for a
Fluid credit card before you make an application.
4.2. To allow Newday to perform Eligibility Checking
We use your quote form data to introduce you to NewDay. We pass your quote form
data to NewDay so that they can perform an eligibility check on you.
4.3. Calculating commission owed to us
We use the data that we receive periodically from NewDay to carry out reporting
and accurately calculate the commission owed to us when you successfully take
out a credit product with NewDay via the website.
4.4. Soft searches and 'footprints' on your credit report
As part of our eligibility checking service, we may use your data to enable NewDay
to carry out a soft search against your credit file. A soft search is like a quick
peek at your credit file. Soft searches will not harm your credit rating or affect
the way lenders see you.
You may see these soft searches as ‘footprints’ on your credit report in in NewDay’s
name. Soft searches on your credit file will be given different markings, depending
on their purpose, such as:
- Affordability;
- Anti-Money Laundering;
- Identity Check; and/or
- Quotation/Preliminary Search.
4.5. Website analytics
We use technical and behavioural data:
- for system administration;
- to measure and analyse traffic to our website; and
- to enable us to analyse behaviour and trends on the website.
4.6. To meet legal or regulatory requirements
We are required to comply with certain legal and regulatory requirements including:
- complying with our regulatory obligations to the Financial Conduct Authority and the Information Commissioner; and
- addressing enquiries or complaints from you or from a regulator.
We may process your personal data to comply with those requirements. Occasionally, we may be asked to provide certain information to regulators or law enforcement agencies. We’ll comply with these requests where legally required or permitted.
5. Our legal bases for processing your personal data
| Purpose/Activity | Types of data | Lawful basis for processing including basis of legitimate interest |
|---|---|---|
| To introduce you to NewDay | Quote form data | Performance of a contract with you |
| To calculate commission owed to us | Product application data | Legitimate interest to ensure we can accurately calculate commission owed to us when you successfully take out a credit product with NewDay via the website. |
| To carry out website monitoring | Technical and behavioural data | Legitimate interest to ensure system administration and analysis of traffic, behaviour and trends on the website |
| Correspondence with you (customer queries) | Any personal data that you provide as part of your correspondence | Necessary for our legitimate interests (to ensure customer satisfaction and to answer queries about the service, to monitor trends in queries to improve the services) |
| To meet legal or regulatory requirements | Production application data & Technical and behavioural data | Compliance with a legal or regulatory requirement to which we are subject |
6. How we store your personal data
6.1. What do we do to keep your personal data safe
All the information that you give us is stored on secure servers. The internet is
not a secure medium, but we’ve put in place various security procedures to protect
your information. We use firewalls to block unauthorised traffic to the servers.
The actual servers are located in a secure location which can only be accessed by
authorised personnel. We use industry-standard encryption technology to ensure that
all your personal and transactional information is encrypted before transmission to
partners or third-party service providers. Our security policies are in place to
safeguard your privacy from unauthorised access or improper use. We’ll continue to
enhance our security as and when new technology becomes available.
6.2. How long we keep your personal data for
We keep your personal data for no longer than necessary for the purposes for which
the personal data is processed. We may retain personal data where we need to for:
- the purposes of complying with our legal and regulatory responsibilities;
- responding to legal and regulatory enquiries; and
- our own required record keeping.
For example, we’ll only keep your quote form data temporarily for the purposes of sending it across to NewDay to run their eligibility check and/or pre-populate their application form. We routinely delete this data after we have transferred it to NewDay.
7. How we share your personal data with others
When you submit your data onto our website, your personal data will be shared in
the following ways:
7.1. Sharing your personal data with NewDay
If you want to check your eligibility, or wish to apply for a Fluid credit card,
we need to disclose the information you entered into the website to NewDay, which is the
product provider that provides the Fluid credit card product you have applied for. This
information is necessary to check your eligibility for a product or to process your
application. NewDay will perform a search with a credit reference agency using the personal
information we provide to them. If you choose to apply for a credit product with NewDay,
they will use your quote form data to pre-populate the application form. Further information
about how NewDay will use your personal details is set out in section 9 below.
7.2. Sharing your personal data with group companies
If Newday does not approve your application, and you elect to see other credit product
offers that may be available to you, we will share your data with our sister company
TotallyMoney Limited which operates a service that will show you alternative products
that you may be eligible for. In that case, TotallyMoney Limited will share your data
with other third parties that might be able to offer an alternative product in order to
bring you those offers and associated eligibility scores. TotallyMoney will use your data
in accordance with its Privacy Notice.
7.3. Sharing your personal data with other third parties
We may share your personal data with:
- The Financial Conduct Authority and/or other regulatory/governing bodies for the purposes of compliance monitoring, where we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect the rights, property, or safety of TM Connect Limited our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
- Third parties: (a) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; and (b) if TM Connect Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Unless you have given us your consent, we will not provide information about you to companies
outside our group for their own marketing purposes.
Please note that when you successfully take out a credit product with NewDay via our website, the
information you have provided to us together with any further information requested by, and supplied
by you to NewDay will be held by NewDay for the purposes set out in NewDay’s privacy policy which you
can find here.
We have no responsibility with regards to how NewDay uses your personal information once you have
successfully taken out a product with them and we have no control over who NewDay may disclose your
information to.
7.4. Transferring your personal data internationally
The data that we collect from you may be transferred to, and stored at, a destination outside of Europe
(for these purposes “Europe” means the European Economic Area (“EEA”) and the UK if the UK is no longer
part of the EEA) in connection with the above purposes. For example:
- NewDay may make transfers as set out in the NewDay Privacy Notice which you can find here;
- the support services for some of our technology providers may be located outside of the EEA.
If we transfer any of your personal data outside of Europe, we’ll take steps necessary to ensure that your data is treated securely and in accordance with this privacy notice and all relevant statutory requirements. This includes using recognised transfer mechanisms that incorporate appropriate safeguards. For example, we use the European Commission approved standard contractual arrangements to transfer personal data, where appropriate.
8. Your legal rights
You have various rights in respect of our use of your personal data. Details of these rights are set out below.
In some instances, NewDay will be better placed to help you exercise these rights and where this is the case we
will pass your request onto them directly.
8.1. Your right to be informed
You have the right to be informed about the collection and use of your personal data. This is a key transparency
requirement under the General Data Protection Regulation (“GDPR”). We must provide you with information including:
- our purposes for processing your personal data;
- our retention periods for that personal data; and
- details of who it will be shared with.
8.2. Your right to access
You have the right to access the personal data that we hold that relates to you. This is commonly referred to as a
subject access request or “SAR”.
8.3. Your right to rectification
This right lets you correct or change any personal data that’s wrong or out of date.
8.4. Your right to erasure
Your right to erasure (or ‘the right to be forgotten’) is a right to ask for your personal data to be erased. This is
not an absolute right and only applies in certain circumstances, including where:
- we are continuing to process personal data beyond the period when it is necessary to do so for the purpose for which it was originally collected;
- we are relying on consent as the legal basis for processing and you withdraw consent;
- we are relying on legitimate interest as the legal basis for processing and you object to this processing and there is no overriding compelling ground which enables us to continue with the processing;
- the personal data has been processed unlawfully (i.e. in breach of the requirements of the data protection legislation); and
- it is necessary to delete the personal data to comply with a legal obligation.
8.5. Your right to restrict processing
You have the right to request that we restrict or suppress the processing of your personal data. This is not
an absolute right and only applies in certain circumstances, including where:
- you contest the accuracy of your personal data and we are verifying the accuracy of the data;
- the data has been unlawfully processed and you oppose erasure and request restriction instead;
- we no longer need the personal data, but you need us to keep it in order to establish, exercise or defend a legal claim; or
- you have objected to us processing your data under Article 21(1) of GDPR (e.g. an objection to processing on the grounds of legitimate interest), and we are considering whether our legitimate grounds to process your data override your rights and interests.
8.6. Your right to data portability
The right to portability lets customers transfer data easily from one system to another. It’s safe and secure
and doesn’t impact the data’s credibility.
8.7. Your right to object
You have the right to object to our processing of your personal data. This effectively allows you to ask us to
stop processing your personal data. The right to object only applies in certain circumstances. Whether it
applies depends on our purpose for processing and our lawful basis for processing.
You have the absolute right to object to the processing of your personal data for direct marketing purposes.
If you exercise this right, we’ll stop using your personal data for this purpose.
You can also ask us to consider any valid objections which you have to our use of your personal data where we
process your personal data based on our, or another person’s, legitimate interest. This is not an absolute right,
and we can continue processing your personal data if:
- we can demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms; or
- the processing is for the establishment, exercise or defence of legal claims.
8.8. Your right to object to automated processing
You have the right to object and not be subject to a decision based solely on automated processing, including
profiling, which has legal consequences or significantly affects you.
8.9. Your right to withdraw consent
We do not rely on consent to use your personal data in a particular way. Details of what lawful bases we rely
on to process your personal data can be found in section 5 above.
8.10. How to exercise your rights
To exercise the rights outlined above in respect of the personal data processed by us as a controller
contact us or email us at dpo@fluid.co.uk.
We may need further information to verify your identity before we can respond to your request.
We’ll consider all requests and provide our response within a reasonable period (and in any event any
period required by applicable law). Certain personal data may be exempt from such requests
in certain circumstances. If an exception applies, we’ll tell you this when we respond to your request.
8.11. Your right to complain
If you have any complaints about our collection, use or storage of your personal data please contact us at
dpo@fluid.co.uk.
We’ll investigate and attempt to resolve your complaint. You may also make a complaint to the UK Information Commissioner
(www.ico.org.uk). Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
9. Credit Card Applications
THIS SECTION IS ONLY RELEVANT TO YOU IF YOU WISH TO CHECK YOUR ELIGIBILITY FOR OR TO APPLY FOR A FLUID CREDIT CARD
If you wish to check your eligibility for, or apply for, a Fluid Credit Card, when you select ‘Continue’, on our
application page you are authorising us to provide the information contained in your application to NewDay,
the product provider.
Please read NewDay’s Privacy Notice carefully before proceeding, as it will apply to their handling of your data once
they receive it from us. You can find a copy of NewDay’s Privacy Notice
here.
Using your personal information, NewDay will analyse key elements of your credit file, to provide an indication of
whether or not you are likely to be accepted for a Fluid Credit Card. NewDay will inform you of the result.
If NewDay determines that you are likely to be accepted for the Fluid Credit Card, you will then be given the option
to make a full application for a Fluid Credit Card using NewDay’s application form or to terminate your application at
that point. If NewDay determines that you are not eligible for the Fluid Credit Card, you will then be given the option to
proceed to see alternative possible credit products using the TotallyMoney service, which is operated by our sister company
TotallyMoney Limited.
PLEASE NOTE THAT:
- Your credit file will not be provided to you directly.
- The eligibility check process will not have any adverse impact upon your credit standing.
- Even if NewDay indicates that you are likely to be accepted for a Fluid Credit Card, this is no guarantee that you will be accepted for the card.
- By selecting ‘Continue’ on our website, you are not committing to make an application for a Fluid Credit Card. If you choose to proceed to make a full application to the Fluid card issuer for a Fluid credit card, then the Fluid card issuer will proceed to carry out its own identification and credit application checks in accordance with its own criteria and in accordance with the joint set of terms agreed between the UK credit reference agencies, which will apply to your data when a full credit check is carried out on you. You can read the full Terms and Conditions here.
10. How to contact us
If you have any questions about this privacy notice or our use of your personal data, please
contact us.
Details of changes to this privacy notice
| Version | Date | Details of changes |
|---|---|---|
| 1.1 | - | - |
| 1.2 | 08/02/2021 | Privacy Notice updated to reflect current data flows and commercial situation |