Customer Privacy Notice and Your Rights

Why should you read this?
During the course of dealing with us, we will ask you to provide us with detailed personal information relating to your existing circumstances, your financial situation and, in some cases, your health and family health history (Your Personal Data). This document is important as it allows us to explain to you what we will need to do with Your Personal Data, and the various rights you have in relation to Your Personal Data.

What do we mean by “Your Personal Data”?
Your Personal Data means any information that describes or relates to your personal circumstances. Your Personal Data may identify you directly, for example your name, address, date of birth, national insurance number. Your Personal Data may also identify you indirectly, for example, your employment situation, your physical and mental health history, or any other information that could be associated with your cultural or social identity.

In the context of providing you with assistance in relation to your mortgage, finance product and/or insurance requirements Your Personal Data may include:

• Title, name, date of birth, gender, nationality, civil/marital status, contact details, addresses and documents that are necessary to verify your identity
• Employment and remuneration information, (including salary/bonus schemes/overtime/sick pay/other benefits), employment history
• Bank account details, tax information, loans and credit commitments, personal credit history, sources of income and expenditure, family circumstances and details of dependants
• Health status and history, details of treatment and prognosis, medical reports (further details are provided below specifically with regard to the processing we may undertake in relation to this type of information)
• Any pre-existing mortgage, finance product and/or insurance products and the terms and conditions relating to these.

The basis upon which our firm will deal with Your Personal Data
When we speak with you about your mortgage, finance product and/or insurance requirements we do so on the basis that both parties are entering a contract for the supply of services. In order to perform that contract, and to arrange the products you require, we have the right to use Your Personal Data for the purposes detailed below.

Alternatively, either in the course of initial discussions with you or when the contract between us has come to an end for whatever reason, we have the right to use Your Personal Data provided it is in our legitimate business interest to do so and your rights are not affected. For example, we may need to respond to requests from mortgage lenders, insurance providers and our Compliance Service Provider relating to the advice we have given to you, or to make contact with you to seek feedback on the service you received. On occasion, we will use Your Personal Data for contractual responsibilities we may owe our regulator, The Financial Conduct Authority, or for wider compliance with any legal or regulatory obligation to which we might be subject. In such circumstances, we would be processing Your Personal Data in order to meet a legal, compliance or other regulatory obligation to which we are subject.

The basis upon which we will process certain parts of Your Personal Data
Where you ask us to assist you with for example your insurance, in particular life insurance and insurance that may assist you in the event of an accident or illness, we will ask you information about your ethnic origin, your health and medical history (Your Special Data). We will record and use Your Special Data in order to make enquiries of insurance providers in relation to insurance products that may meet your needs and to provide you with advice/guidance regarding the suitability of any product that may be available to you.

If you have parental responsibility for children under the age of 13, it is also very likely that we will record information on our systems that relates to those children and potentially, to their Special Data. The arrangement of certain types of insurance may involve disclosure by you to us of information relating to historic or current criminal convictions or offences (together “Criminal Disclosures”). This is relevant to insurance related activities such as underwriting, claims and fraud management.

We will use Special Data and any Criminal Disclosures in the same way as Your Personal Data generally, as set out in this Privacy Notice. Information on Special Category Data and Criminal Disclosures must be capable of being exchanged freely between insurance intermediaries such as our Firm, and insurance providers, to enable customers to secure the important insurance protection that their needs require.

How do we collect Your Personal Data?
We will collect and record Your Personal Data from a variety of sources, but mainly directly from you. You will usually provide information during the course of our initial meetings or conversations with you to establish your circumstances and needs and preferences in relation to mortgages, finance and insurance. You will provide information to us verbally and in writing, including email.

We may also obtain some information from third parties, for example, credit checks, information from your employer and searches of information in the public domain such as the voters roll. If we use technology solutions to assist in the collection of Your Personal Data, for example software that is able to verify your credit status, we will only do so if we have consent from you, for us, or our nominated processor to access your information in this manner. With regards to electronic ID checks we would not require your consent but will inform you of how such software operates and the purpose for which it is used.

What happens to Your Personal Data when it is disclosed to us?
In the course of handling Your Personal Data, we will:

• Record and store Your Personal Data in our paper files, mobile devices and on our computer systems (websites, email, hard drives, and cloud facilities). This information can only be accessed by employees and consultants within our firm and only when it is necessary to provide our service to you and to perform any administration tasks associated with or incidental to that service.
• Submit Your Personal Data to Product Providers/Mortgage Lenders/Commercial Lenders and/or Insurance Product providers (delete as appropriate), both in paper form and on-line via a secure portal. The provision of this information to a third party is essential in allowing us to progress any enquiry or application made on your behalf and to deal with any additional questions or administrative issues that lenders and providers may raise.
• Use Your Personal Data for the purposes of responding to any queries you may have in relation to any mortgage, finance product or insurance policy you may take out, or to inform you of any developments in relation to those products and/or polices of which we might become aware.

Sharing Your Personal Data
From time to time Your Personal Data will be shared with:

• Mortgage lenders, Finance lenders and/or Insurance providers.
• Third parties who we believe will be able to assist us with your enquiry or application, or who are able to support your needs as identified. These third parties will include but may not be limited to, our compliance advisers, credit reference agencies, product specialists, estate agents, providers of legal services such as estate planners, conveyancing, surveyors and valuers (in each case where we believe this to be required due to your particular circumstances).

In each case, Your Personal Data will only be shared for the purposes set out in this Customer Privacy Notice, i.e. to progress your mortgage, finance and/or insurance enquiry and to provide you with our professional services.

Please note that this sharing of Your Personal Data does not entitle such third parties to send you marketing or promotional messages, it is shared to ensure we can adequately fulfil our responsibilities to you, and as otherwise set out in this Customer Privacy Notice.
On occasions the performance by us of our service will involve Your Personal Data being transferred outside of the European Economic Area. When transferring personal data to third countries or international organisations outside of the EU, our firm will ensure that an adequate level protection has been established as follows:

• That the country (or industry sector within that country) of the recipient is on the EU approved list of countries as set out in the Official Journal of the European Union;
• That the country of the recipient has adequate data protection controls by virtue of legal or self-regulatory regime;
• We have a contract in place, which uses either existing or approved data protection clauses to ensure adequate protection;
• We are making the transfer under approved binding corporate rules;
• We are relying on an exemption as set out in clause 6.8 of the Data Protection Policy
• We are relying on approved codes of conduct or certification mechanisms, together with binding and enforceable commitments in the third country or international organisation to apply the appropriate safeguards in relation to data subject rights.

Security and retention of Your Personal Data
Your privacy is important to us and we will keep Your Personal Data secure in accordance with our legal responsibilities. We will take reasonable steps to safeguard Your Personal Data against it being accessed unlawfully or maliciously by a third party.

We also expect you to take reasonable steps to safeguard your own privacy when transferring information to us, such as not sending confidential information over unprotected email, ensuring email attachments are password protected or encrypted and only using secure methods of postage when original documentation is being sent to us.

Your Personal Data will be retained by us either electronically or in paper form for a minimum period of 6 years following the advice/service you receive from us, although your data could be held for a longer period where this may be needed to meet the requirements of our regulatory bodies.

Your rights in relation to Your Personal Data
You can:

• request copies of Your Personal Data that is under our control
• ask us to further explain how we use Your Personal Data
• ask us to correct, delete or require us to restrict or stop using Your Personal Data (details as to the extent to which we can do this will be provided at the time of any such request)
• ask us to send an electronic copy of Your Personal Data to another organisation should you wish
• change the basis of any consent you may have provided to enable us to market to you in the future (including withdrawing any consent in its entirety)

How to make contact with our Firm in relation to the use of Your Personal Data
If you have any questions or comments about this document, or wish to make contact in order to exercise any of your rights set out within it please contact our compliance department on 0800 710 1777/01442 935777, email data@imagine-finance.co.uk or write to us at Audley House, Northbridge Road, Berkhamsted, Hertfordshire, HP4 1EH.

If we feel we have a legal right not to deal with your request, or to action it in a different way to how you have requested, we will inform you of this at the time.
You should also make contact with us as soon as possible on you becoming aware of any unauthorised disclosure of Your Personal Data, so that we may investigate and fulfil our own regulatory obligations.

If you have any concerns or complaints as to how we have handled Your Personal Data you may lodge a complaint with the UK's data protection regulator, the ICO, who can be contacted through their website at https://ico.org.uk/global/contact-us/ or by writing to Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Data Subject Consent Form
By making this application, I hereby grant Specialist Financial Services Limited trading as Imagine Finance permission to process my personal data for the purpose stated in the Customer Privacy Notice above.

Marketing Consent
By making this application, I hereby grant Specialist Financial Services Limited trading as Imagine Finance permission to process my personal data for the purpose of marketing. By providing your consent, you agree that you have given your express permission for us to market you regarding products and services that we think may be of interest to you and by any means of communication that is suitable at the time. You can opt out at any time.

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Our Terms & Conditions Disclosure

See the end of these Terms & Conditions for the Glossary of Terms and Acronyms within this document.

In this disclosure, the terms "We", "we", "Us" ", us" ", Our" "our" ", Ours" and "ours" applies to Specialist Financial Services Ltd trading as Imagine Finance, its subsidiaries and appointed representatives. The terms "You", "you", "Your", "your", "Yours", and "yours" refer to you, the Borrower(s), also known as the Client(s).

1. The Financial Conduct Authority
   This document sets out how we will deal with you when offering first and second charge Regulated Mortgage Contracts
   
   Specialist Financial Services Ltd is authorised and regulated by the Financial Conduct Authority (FCA). The FCA regulates financial services in the UK. You can check our authorisation and permitted activities on the Financial Services Register by visiting the FCA's website www.fca.org.uk/firms/systems-reporting/register. Our Financial Services Register number is 676853. We will be acting as a Credit Broker on your behalf and not as a Lender.
2. Our Services
   We are entirely independent and not tied to any UK Lender or Network. Our independence enables us to source and structure the best possible and most appropriate finance deal for our clients. We operate from a large panel of Lenders representative of the whole market for each product we offer. We can provide details of these Lenders to you upon request.
   
   We will recommend a suitable product for you following an assessment of your personal needs and circumstances. This assessment will include a detailed evaluation of affordability.
   
   We will, at all times, act in your best interests, and we will source loans from the market that are suitable for the requirements you disclose to us. When the preferred option is agreed upon, we will provide you with information about the loan and the provider to ensure you understand your responsibilities and commitments before proceeding.
   
   We will consider all products and Lenders that we can access. We will not look at those Lenders that are only available by you going direct to them. A list of the Lenders we consider across each of our product ranges is available upon request.
   
   Where you are increasing your borrowing, we will where applicable, consider the merits of both a new first charge mortgage or an additional mortgage on a second charge basis. You may have the option of a further advance from your existing Lender, but we will not consider this option. It may be in your best interests to explore this option and look at the further alternative of an unsecured loan, as these may be more appropriate for you.
3. The Costs of our Services
   
   1. Appraisal Fee
      We do not charge upfront appraisal fees
   2. Completion Fee
      If a Lender to whom we presented the Lending Proposal makes an offer, we may charge you a fee for the service we provide to you. Payment of the Completion Fee shall be due from you once an offer is issued. However, you may choose to pay the fee upon completing the advance with our prior agreement. Our Completion Fee structure is as follows: -
      
      

      Loan Size	1st charge RMC on all property types	2nd charge RMC on all property types
      £10,000 - £59,999	£495	4.99%
      £60,000 - £99,999	£495	4.74%
      £100,000 - £149,999	£495	2.99%
      £150,000 - £249,999	£495	1.99%
      £250,000 - £499,999	£495	1.24%
      £500,000+	£495	0.59%
      Minimum fee	£495	None
      Maximum fee	£495	£2,975

      
      For example, for a second charge of £15,000, our maximum fee would be 4.99% of the advance, so a maximum fee of £748.50 could be charged. For a second charge of £150,000, our maximum fee is 2.99%, capped at £2,975.
      
      If your loan is unsuccessful or you decide not to proceed, no Completion Fee will be payable.
      
      Please note these are the maximum fees we charge, and the fees finally agreed are often less than the amount quoted above.
4. Commission
   We will receive a commission from the Lender, and we will receive fees separately from you as described in clause 3.2 of this agreement. For the avoidance of doubt, these commission sums are subject to the terms of our arrangements with the Lender who pays that commission. You are aware that we may receive a commission from a Lender for introducing you to them, and you have no objections to us receiving this amount. If you wish to receive further information about any such commission (including the amount), you will let us know in writing.
   
   You are aware that we are required to disclose the nature of commission in our communications when making a recommendation to you. The existence and nature of commission arrangements where the commission varies depending on the Lender, product or other permissible factors will always be disclosed. The disclosure will also cover how the arrangements could affect our recommendations to you. We will make such disclosures separately if the document is a legal requirement.
   
   The commission amount paid to us may vary depending on the Lender or product. Where the nature of any financial arrangement, including the amount of commission or any other type of remuneration, is known, this information will be disclosed to you. You confirm your consent to us receiving and retaining any commission paid.
5. Complaints
   We aim to provide you with a professional and confidential service that delivers the highest possible standards. However, there may be occasions where you feel this has not been achieved and should you wish to complain about any aspect of the service we provide to you. You can do this by writing to Imagine Finance at Audley House, Northbridge Road, Berkhamsted, Hertfordshire, HP4 1EH. Alternatively, you can telephone us on 0800 710 1777 where we will try to resolve your concern at the earliest time possible.
   
   A summary of our internal complaints handling procedures for the reasonable and prompt handling of complaints is available on request. If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service at www.financial-ombudsman.org.uk or by contacting them on 0800 023 4567.
6. Compensation Scheme
   If you make a complaint and we cannot meet our liabilities, you may be entitled to compensation from the Financial Services Compensation Scheme.
   
   Further information about the limits applicable to the different product types is available from the FSCS at https://www.fscs.org.uk/what-we-cover/products
7. Client Acknowledgement and Consent
   1. You acknowledge that
      1. You should seek such independent advice as you consider necessary before signing this agreement;
      2. We source Offers of Funding from a large panel of Lenders;
      3. We may receive a commission from the Lender as detailed in clause 2 of the attached Terms and Conditions without prejudice to clauses 3.1 and 3.2 of this agreement;
      4. You have read our standard Terms and Conditions and agree that they form part of this Agreement;
   2. You consent that
      1. You authorise us to approach any source considered to be potentially suitable;
      2. You agree to pay the Completion Fee agreed with you, upon completion of your loan;
      3. You confirm you are aware that our fees can either be added to the advance or you can pay before completion;
      4. You are aware we may receive a commission from the Lender for the arrangement of this agreement, and you have no objections to us receiving a commission. – see attached Terms and Conditions clause 2.
8. Instructions
   We prefer our clients to give us instructions in writing to aid clarification and avoid future misunderstandings. Oral instructions are acceptable, subject to subsequent confirmation in writing.
9. Our Ethical Policy
   We are committed to providing the highest standard of advice and service possible. The interest of our customers is paramount to us, and to achieve this, we have designed our systems and procedures to place you at the heart of our business. In doing so, we will:
   • be open, honest and transparent in the way we deal with you;
   • not place our interests above yours or other third parties;
   • communicate clearly, promptly, and without jargon; seek your views and perception of our dealings with you to ensure it meets your expectations or to identify any improvements required
10. Client Verification
    We are required by law to verify your identity. We also obtain information about the purpose and nature of any business you conduct and ensure that the information we hold is up-to-date. For this purpose, we may use electronic identity verification systems. We may conduct these checks from time to time throughout our relationship, not just at the beginning. We are required to confirm the source of any funds being used as a house purchase deposit and the source of wealth of any individual providing funds towards a deposit.
11. Law
    This agreement is governed and construed under the Law of England. All parties shall submit to the exclusive jurisdiction of the English Courts.
12. Force Majeure
    We shall not be in breach of this agreement and shall not incur any liability to you if there is any failure to perform its duties due to any circumstances reasonably beyond our control.
13. Termination
    The authority to act on your behalf may be terminated at any time without penalty by either party giving seven days notice in writing to that effect to the other, but without prejudice to the completion of transactions already initiated. Any transactions effected before termination and a due proportion of any period charges for services shall be settled to that date.
14. Payment of fees
    You are aware of the costs of the services and agree to the amount and timing of these. Your options for paying these costs is either;
    1. By direct payment
       or
    2. (where possible) By inclusion on the mortgage loan
       
       You should confirm with us from the outset which is your preferred option. Be aware that including fees in the loan advance will increase the total amount you pay over the term of that loan, as the Lender will apply their interest charges to this amount.
       
       This document is our standard agreement upon which we intend to rely. You should read the terms carefully before signing for your benefit and protection. If you do not understand these terms, please ask for further information or seek independent legal advice.

TERMS AND CONDITIONS

1. Your duty to us
   1. You agree to act with the utmost good faith in providing information to us. The duty is continuous and applies to all the information you provide, whether we have asked for it or you have provided it voluntarily. You agree not to withhold information from us.
   2. You agree to take all reasonable steps and use all reasonable endeavours to comply with and satisfy any condition imposed by the Lender who has made a Finance Offer.
   3. You agree to notify us if at any time you intend to appoint an additional or alternate broker or intermediary to obtain an offer of finance for you. If you do so, we are entitled to terminate this agreement giving you seven days notice.
2. Introductory Commission
   1. The Lender may pay us a commission regarding the funding set out in the Finance Offer. If a commission is payable, the amount of commission payable to us will be disclosed to you on the Finance Offer or by other means. Commission paid to us will vary depending on the Lender or product, but the amount received does not form part of any advice we provide.
   2. You, having acknowledged the matters set out under the Client Acknowledgment, consent to us receiving and retaining any commission paid
3. Termination
   We may terminate the Agreement by giving seven days written notice to you
4. Amendments
   Whether proposed by you or us, any amendment shall be notified in writing to the other party. A change proposed by us shall take effect on the specified date unless you inform us to the contrary or request an extension of time. Any amendment you propose shall take effect when accepted by us in writing.
5. Assignments and third party rights
   This Agreement is personal to you, and a person who is not a party to this Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
6. Professional Indemnity
   We will maintain professional indemnity insurance cover for our business on standard terms offered by reputable insurers.
7. Client money
   In the unlikely event that we hold Client Money, funds will be held in a separate designated client account for the benefit of you.
8. Property Survey
   Once the Lender has provided indicative terms, we will instruct a survey of the property offered as security, and you are responsible for the cost of this survey. You confirm that you are aware the Lender reserves the right to decline the application after the survey is completed. A decline could occur if other information comes to light or you cannot provide information to the Lender's satisfaction. Neither the lender nor we are obliged to release the survey report until the transaction has been completed.
9. Exclusions
   You accept that we shall have no liability for any economic loss (whether direct, indirect or consequential) insofar as it relates in any way to loss of business, loss of Client data, interruption of business or loss of profits or goodwill as a result of the manner of performance by us of any obligations arising under this Agreement. However, this exclusion of liability will not otherwise affect any statutory rights of yours.

Defined terms:

Appraisal Fee; the fee for intially assessing your finance application

Commission; a sum of money that is paid upon completion of a task from a Lender.

Completion; the first drawdown of the Loan Amount set out in the Finance Offer by the Lender to the Client.

Completion Fee; the fee payable to us by you, due once the Finance Offer has been issued.

FCA; the Financial Conduct Authority, the financial services industry regulator.

Finance Offer; a written offer that sets out the proposed terms of finance issued by any Lender once their underwriting checks and valuation requirements are satisfied.

Lender; a Lender to whom the Lending Proposal is presented.

Lending proposal; the initial proposal prepared by us setting out the Lender's terms and requirements.

Loan Amount; the amount payable by the Lender to the Client following the issue of a Finance Offer, after deduction of fees previously disclosed.

RMC; Regulated Mortgage Contract. A first charge mortgage on your home or a home you want to purchase, or a second charge mortgage on your home.

Unregulated lending; includes residential BTL and lending to Corporate borrowers or partnerships of four or more people.

Unsecured lending; a loan that is issued and supported only by the borrower's creditworthiness, rather than by any type of collateral.

YOUR HOME IS AT RISK IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE OR OTHER LOAN SECURED ON IT

IF YOU ARE OFFERING INVESTMENT PROPERTY AS SECURITY, THAT PROPERTY IS AT RISK IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE OR OTHER LOAN SECURED ON IT

WE RECOMMEND YOU OBTAIN INDEPENDENT LEGAL ADVICE BEFORE SIGNING ANY DOCUMENTS

THINK CAREFULLY BEFORE SECURING OTHER DEBTS AGAINST YOUR HOME

IF YOU ARE THINKING OF CONSOLIDATING EXISTING BORROWING, YOU SHOULD BE AWARE THAT YOU MAY BE EXTENDING THE TERMS OF THE DEBT AND INCREASING THE TOTAL AMOUNT YOU REPAY.

ALL LOANS ARE SUBJECT TO STATUS AND ARE SECURED ON PROPERTY.

WE ARE A BROKER, NOT A LENDER

ALL FINANCE PRODUCTS ARE SUBJECT TO AVAILABILITY AND CAN BE WITHDRAWN AT ANY TIME.