Terms & Conditions

 

These terms and conditions are for the website (accessed through www.cabotfinancial.ie) for Cabot Financial (Ireland) Ltd (referred to as “Cabot Financial/we/our/us”), full company details appear at the end of these terms and conditions.

As a user of this website (referred to as “you/your”) you acknowledge that any use of this website is subject to these terms and conditions (which also includes the Privacy Policy).

Please:

  • read through these terms and conditions carefully before using this corporate website
  • print a copy for future reference
  • also read our Privacy Policy section regarding your personal information.
  1. General

1.1 You acknowledge that if your use of this website is for business purposes then your use is in the course of your employment and you are using this website with the permission of your employer or entity/organisation that you represent, as such use by you will bind the employer/organisation on whose behalf you are making such use, to the prevailing terms and conditions. If you do not have permission from your employer or entity/organisation, then you must not access or use this website. Accordingly, ‘you/your’ shall also include your employer or entity/organisation.

1.2 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

1.3 When you use any services on this website, please also read any additional information provided on the relevant web pages as this information will provide you with important information, full details on how to use such services and other legal information.

  1. Intellectual Property

2.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to), in any way, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content whatsoever without our prior written approval.

  1. Liability and Indemnity

3.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

3.2 Subject to Section 3.1 above, Cabot Financial will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind, express or implied statutory or otherwise, regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses, bugs or Trojans of any kind or represents the full functionality, accuracy, reliability of the website. Cabot Financial will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Cabot Financial accepts no liability of any kind for any loss and/or damage from action taken or taken in reliance on material or information contained on the site.

3.3 Subject to Section 3.1 above, other than as expressly provided in these terms and conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

3.4 Subject to Section 3.1 above, Cabot Financial will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; consequential, special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

3.5 We will take all reasonable measures to safeguard any details submitted using the secure website, but we cannot be held liable for any loss and/or damage caused whatsoever as a result of unauthorised access to information provided by you, unless we are proven to be negligent.

  1. Miscellaneous Provisions

4.1 These terms and conditions form the whole agreement between you and us for your access to and use of this website and shall be governed by the laws of Ireland and any dispute between us will be resolved exclusively in the Irish courts.

4.2 Cabot Financial shall be under no liability for any delay or failure to otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

4.3 We may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that by you accessing any linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including, without limitation, any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

4.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions to any third party or whatsoever unless agreed upon in writing by Cabot Financial.

4.5 Cabot Financial reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions and/or any other terms and conditions to any third party and/or any person or legal entity within the Group and “Group” shall mean Cabot Credit Management Group and its associated Companies.

4.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

4.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).

4.8 No delay or failure by Cabot Financial to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Cabot Financial.

4.9 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Cabot Financial relating to the use of this website and sets forth the entire agreement and understanding between you and Cabot Financial for your use of this website. This Cabot Financial website (www.cabotfinancial.ie) is operated by Cabot Financial (Ireland) Ltd.

Cabot Financial (Ireland) Ltd. provides credit servicing for both its regulated and non-regulated financial services clients. 

 

Cabot Financial (Ireland) Ltd complies with all applicable regulations under the regulatory regime of its regulated clients.

 

For credit servicing activities performed by Cabot Financial (Ireland) Ltd for non-regulated financial services:

Cabot Financial (Ireland) Ltd stands authorised as a Credit Servicing Firm pursuant to section 34F of the Central Bank Act 1997.

Cabot Financial (Ireland) Limited is a member of Cabot Credit Management Group.

Cabot Credit Management Group is authorised and regulated by the Financial Conduct Authority.

Privacy Policy

General

This document outlines Cabot Financial (Ireland) Ltd approach to Data Privacy and how we fulfil our obligations under the General Data Protection Regulation 2018 also known as GDPR.  We take our obligations very seriously when dealing with your personal data.  We have outlined throughout this Data Privacy Notice the way in which we carry out our obligations

Our Privacy Promise to you:

  • We promise to be fair and transparent at all times
  • We treat the security of our customers` data very seriously
  • We believe in integrity and we respect your privacy

What does this mean for you?

Our Data Privacy Notice provides you with information about how we use your personal data which we are required to give you by law.  Each section sets out how we collect, process and retain your personal data whilst providing you with a service.  Please use the following list to choose which sections of our Data Privacy Notice you want to read:

  1. Our identity as a joint data controller and our contact details
  2. The types of personal data which we will collect and how we will collect the data.
  3. The legal basis for which, and the purposes for which, we are processing your personal data
  4. How long we will retain your personal data
  5. Who we will share your personal data with
  6. Transferring your personal data outside of the European Economic Area (EEA)
  7. Credit Reference Agencies
  8. The grounds for which we will share your information for the prevention of crime or harm
  9. How you can manage your own personal data
  10. Cookies
  11. How to make a complaint

Cabot Financial Ireland as part of the Cabot Credit Management Group has appointed Ian Rea as our Data Protection Officer.  You can contact our Data Protection Officer using the details below.

Writing:

Data Protection Team,

Block D Cookstown Court,

Belgard Road,

Tallaght,

Dublin 24.

Email:

[email protected]

  1. Who are the Cabot Credit Management Group/Cabot Financial Ireland?

Cabot Credit Management Group is the data controller of your personal data.  We are a market leader in the UK and one of the largest Credit Management Service providers in Europe.  Cabot Credit Management Group is authorised and regulated by the UK Financial Conduct Authority (FCA).  Cabot Financial (Ireland) Ltd is a joint data controller of your personal data.  Cabot Financial (Ireland) Ltd is authorised and regulated by the Central Bank of Ireland (CBI).

For the purpose of this Data Privacy Notice, where we make reference to Cabot Credit Management Group or CCM Group, we are referring to the Cabot Credit Management Group of companies which includes its subsidiaries, holding companies and any associated or affiliated companies.  When we become the data controller of your personal data, you will be informed about which company within the CCM Group you hold a relationship with.   

  1. What types of personal data do we collect and how do we collect it?

Types of personal data we collect

 The types of personal data that we collect are outlined below:

  • Contact Information/Identity Information: Name, Date of Birth and contact details
  • Financial details/Circumstances: Income details, Financial needs, Employment status
  • Information provided by authorised Third Parties: We will only use this information in the ways described within this Data Privacy Notice
  • Special Categories of Personal Data: Some categories of personal data are more sensitive than others. These are known as special categories of personal data which include:
    • Racial, Ethnic origin
    • Biometric data
    • Ethnic origin
    • Religious beliefs
    • Data concerning heath, sexual orientation

If you ever disclose this type of personal data to us we will only keep this on record if it is necessary for the services we are providing.  Where we do need to keep this data on record, we will always request your explicit consent to do so.  We will only store this data for as long as it is relevant.  You have the right to withdraw your consent and, if you do, we will delete any special category data personal to you from our records.

If you disclose special category personal data to us without us having the opportunity to obtain explicit consent, for example, if you send a letter to us detailing your medical situation, you will have given your consent for us to process that data.

Where we consider it necessary to record the special category personal data you give to us, we will securely record this information and tell you in writing how we will use it and how you can withdraw your consent.

How do we collect your personal data?

We collect your information in the following ways:

  • We obtain data from the previous (or current) owner of your account
  • We keep records of correspondence between us, including letters, emails and SMS texts
  • We record phone calls between you and our employees for training and monitoring purposes and to improve and enhance the service we offer you
  • When you use our website and online payment app
  • We operate CCTV at our business premises so if you were to visit one of our offices your image will be captured on CCTV
  • We access third party data sources and combine and process data from those sources with your personal data.  Examples of third-party data sources include the Land Registry, registers of court judgments, bankruptcies and telephone number verification databases.
  • Third parties that we appoint may collect personal data from you and remit it on to us
  1. How we use your personal data

We use your personal data:

  • To help us provide a service on your account
  • To manage our operations whilst continuously improving our service to you
  • To manage security, risk and crime prevention
  • To meet our regulatory requirements
  • To undertake statistical analysis for business improvement

In order to process your personal data, we need to have a justified legal basis, this means, processing your personal data must be necessary for one or more of the following reasons:

  • To comply with our legal obligations
  • Where we have a legitimate interest for processing your data
  • To perform a contract that you are party to
  • When you give us your consent
  • To protect your vital interests

The table below sets out the lawful bases that we rely on to process your personal data.

 

 

 

  1. How long we keep your personal data

The period in which we retain your personal data is based on a number of different factors such as regulatory rules and the type of account you may hold.  An example of this is the relevant laws and regulations (Consumer Protection Code 2012) which are set by authorities such as the Central Bank of Ireland.  Once your personal has reached our retention period we will purge this data to meet our obligations under the General Data Protection Regulation.

  1. Who we share your personal data with

At times we will need to share your personal data with other companies:

  • Other companies within the CCM Group.  We can instruct another company within the CCM Group to act on our behalf or perform administrative duties
  • Debt Collection Agencies or solicitor firms where they are acting on our behalf to help Cabot Financial (Ireland) Ltd. recover a debt
  • Your original creditor
  • Suppliers and service providers – for example companies that provide us with an IT, infrastructure or mailing service
  • Any person or company that you instruct us to liaise with – for example, a friend, family member, representative or a Debt Management Company

Whenever we engage with a third party we ensure that the third party has sufficient levels of safeguards and controls in place before sharing your personal data with them.

  1. Transferring your personal data outside of the European Economic Area (EEA)

We may transfer your personal data to organisations that operate outside of the European Economic Area enabling us to work with suppliers who help us to manage your account.

Where we do transfer your personal data outside of the EEA, we will ensure that your data is protected and any suppliers are part of the privacy shield, and/or that the appropriate contractual requirements are in place.

  1. Credit Reference Agencies Notice Explained

We are required by law to share details of your account (including your personal data) with the Central Credit Register (CCR) on a monthly basis to promote responsible lending.

The type of information that may be exchanged is outlined below:

  • Full Name
  • Full address
  • Date of Birth
  • Current position of any accounts you have open with us

The CCR may share the data that we provide to them with other lenders, who can request your credit report in the following circumstances:

  • Where you apply for a new loan
  • Where you apply to restructure an existing loan
  • Where you may have arrears on an existing loan
  • If you breach the terms and conditions of a credit card or an overdraft facility.

You can also request your personal credit report from the CCR. You can find out more about the CCR on the websites below:

https://www.centralcreditregister.ie/

https://www.centralbank.ie/consumer-hub/explainers/what-is-central-credit-register

  1. Sharing information to prevent crime or harm

Cabot Financial (Ireland) Ltd has robust systems, checks and controls in place to protect our Customers and their personal data from being compromised and/or used in a fraudulent manner.  In line with regulations applicable here in Ireland, Cabot Financial (Ireland) Ltd has a duty of care when carrying out on-going monitoring and servicing of all our Customers’ accounts.  The Company has legal obligations that require us to obtain certain personal details to identify a customer from the outset of a business relationship, right through to the cessation of that same relationship.

If you provide us with false, misleading or inaccurate information or, if we suspect there may be fraud and/or another financial crime taking place, we will be left with no other choice but to obtain publicly available information on you, such as media reports or regulator publications, which may contain personal details about you regarding criminal convictions or financial sanctions.  If fraud or any other financial crime is suspected, or has been identified by Cabot Financial (Ireland) Ltd, we are also obliged to pass your personal data to fraud prevention agencies or other authorities in the state working towards the prevention and/or detection of financial crime in Ireland.  The Company, under law, has legal obligations to pass this data to fraud prevention agencies. This will be our legal basis for sharing your personal data in this way.

The agencies we may need to share your personal data with are:

  • An Garda Siochana
  • The Revenue Commissioners
  • The Anti-Money Laundering Compliance Unit, Dept. Justice and Equality
  • Any other Fraud Prevention Agencies within the state

If Cabot Financial (Ireland) Ltd has reason to believe that you are serving a prison sentence, we are then obliged by law to obtain publicly available information regarding your prison term.  This may contain personal data such as the name of the prison you are in and the length of your sentence.  The data will be used solely to update the information we hold about you and to manage your account in the most appropriate way possible relative to your circumstances.

If we have reason to believe that you are in any immediate danger, we will pass your personal data, including any details we have about your physical or mental health, to An Garda Siochana and any other emergency services that we see fit, in order to protect your vital interests.

  1. How can you manage your data?

Managing your account

You can access and manage your personal data held by us by simply contacting us in writing or by Telephone call.

Letter

Cabot Financial Ireland,

PO Box 11151,

Tallaght,

Dublin 24.

Telephone

01-4649000

Your rights

Object to processing

You have the right to object to us processing your data if the processing itself is an unwarranted interference with your interests or rights.  You can find out more about how and why we process your personal data in section 3 ‘How we use your personal data?’

Restrict Processing

If you believe we are processing your personal data unlawfully or if you believe that we no longer need your personal data, you have the right to request that we restrict the processing of your personal data.

Right to be forgotten

Under data protection legislation you have the right to request that we delete your personal data if you believe we no longer have a lawful basis to process it.  If you feel that we should not be processing your personal data you can submit a request to us in writing or alternatively you can submit your request by email.

Right to rectification

Upon obtaining personal data we conduct checks to validate that it is accurate and up to date.  We are reliant on you and other third parties to provide us with the correct information at all times.  If you believe that any of the personal data we hold for you is incorrect, it is important that you make us aware of this as soon as it is possible, for example if you have a new phone number or you have moved address you will need to update us with your new contact details.

If you have any further questions regarding any of the above information please feel free to contact our dedicated Data Protection Team by emailing them on: [email protected]

Your right to portability

You have the right to request that we transfer personal data you have provided to us either to yourself or to another data controller.  You can exercise the right to data portability by contacting us on the below details:

Writing:

DSAR Team,

Block D

Cookstown Court,

Belgard Road,

Tallaght,

Dublin 24

Email:

[email protected]

Accessing your data

You have the right to view all personal data we hold about you, relevant to your account.  As a joint data controller, we will also ensure that we provide any additional personal data that any of our data processors may hold about you.

We take the security and protection of your personal data very seriously, so we reserve the right to request proof of your identity before supplying you with any personal data.

Once we have validated your identity, we will respond to your request within one calendar month.  We typically will send your personal data in the medium as requested by you, However, if you wish to receive it in a different format for example, as a printed document then please do let us know.

In order to make this request please contact us on the below details:

Writing:

DSAR Team,

Cabot Financial Ireland,

PO Box 11151,

Tallaght,

Dublin 24.

Email:

[email protected]   

  1. Cookies

Our website operates and collects cookies.  A cookie is a small file that is placed on your computer’s hard disk which may be placed for several reasons, for example:

  • Google analytics, such as analysing the traffic to the website and to speed up access to the website.
  • Targeted communications that help us to guide you back to specific pages within our website, or reach you via third party websites

We will always ask you on the homepage whether you want us to place a cookie on your computer.  The vast majority of web browsers accept cookies; however, you can manually change your browser settings so that cookies are not accepted.  In doing so you may lose some of the functionalities of our website.  For more information about cookies and how to disable them please go to: www.aboutcookies.org

We can confirm that any cookies placed by us shall not store or collect any personally identifiable information.

  1. How to complain

If you would like to make a complaint or have a query about how we use your personal data, you can contact us on the below details:

In writing:

Data Protection Team,

Cabot Financial Ireland,

PO Box 11151,

Tallaght,

Dublin 24

Email:

[email protected]

If you are unsatisfied about how we have handled your complaint, you have the right to escalate your compliant to the Data Protection Commission.  You can contact the Data Protection Commissioner at:

Postal Address:

Data Protection Commission,

Canal House,

Station Road,

Portarlington,

R32 AP23,

Co. Laois

Email:

[email protected]

Telephone:

Lo Call 1890 252 231 or

00 353 (0) 1 761 104 800

 

Communications With Us And Our Responsibility For Customer Confidentiality

When you connect to this website all information that is passed between your web browser and our web server is encrypted.

The data that you submit from the web browser is encoded using a session key, which means that anyone trying to intercept the information on the Internet will not be able to read it. This also happens when the web server sends information back to you.

This process uses a standard system called Secure Sockets Layer (SSL). Cabot Financial use the latest version of this technology (128-bit encryption), which is the most secure commercially available today. This is why you should use a recent version of Internet Explorer or Netscape to access our website.

Your password is held securely in our database and will only be emailed to you when you register or if you successfully answer your security question.

It is very important that you keep your password safe! If you think that it has been compromised in any way, please telephone us on 01 - 6608011.

We have the following memberships and accreditations:

CSA Investors In People Irish institute of credit management credit awards