Privacy Notice (GDPR)

BACKGROUND:

Market Financial Solutions (MFS) understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.mfsuk.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.

Please read this Privacy Notice carefully and ensure that you understand it. Your acceptance of Our Privacy Notice is deemed to occur upon your first use of Our Site. If you do not accept and agree with this Privacy Notice, you must stop using Our Site immediately.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

2. Information About Us

• • Our Site is owned and operated by Market Financial Solutions
  • Our Data Protection Officer can be contacted by email at privacy@mfsuk.com, by telephone on 020 7060 1234, or by post at Berkeley Square House, Berkeley Square, Mayfair, London W1J 6BD.
  • We are not affiliated with, associated with, or endorsed by Massachusetts Financial Services.

3. What Does This Notice Cover?

This Privacy Notice applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

4. Your Rights

• • As a data subject, you have the following rights under the GDPR, which this Notice and Our use of personal data have been designed to uphold. Some of the rights may not be available to you or may be restricted in certain circumstances:
    • The right to be informed about Our collection and use of personal data;
    • The right of access to the personal data We hold about you (see section 12);
    • The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact us using the details in section 14);
    • The right to be forgotten – i.e. the right to ask us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like us to delete it sooner, please contact us using the details in section 14);
    • The right to restrict (i.e. prevent) the processing of your personal data;
    • The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
    • The right to object to us using your personal data for particular purposes; and
    • Rights with respect to automated decision making and profiling.
  • If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 2.3 and We will do Our best to solve the problem for you. You also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
  • For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.

5. What Data Do We Collect?

Depending upon your use of Our Site, We may collect some or all of the following personal and non-personal data (please also see section 13 on Our use of Cookies and similar technologies and Our Cookie Policy):

• name;
• date of birth;
• gender;
• business/company name
• job title;
• contact information such as email addresses and telephone numbers;
• demographic information such as post code, preferences and interests;
• financial information such as credit / debit card numbers;
• IP address;
• web browser type and version;
• operating system;
• a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to;

6. How Do We Use Your Data?

• • All personal data is processed and stored securely, for no longer than is necessary considering the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.

We will hold and process your data for the performance of a contract and our legitimate interests to:

• Determine whether or not to offer a loan
• Manage any loan advanced through to redemption
• Manage any relationship with intermediaries including a record of introductions, payments made and other relevant information appropriate to managing the relationship
• Manage the relationship with funders or anyone applying to become a funder and to maintain appropriate records relevant to that relationship
• To manage business relationships with our professional advisers, contractors and third-party providers
• Share information where necessary with funders, our professional advisers, contractors and third-party providers and anyone who may wish to acquire all or any part of our business
• Share information with other companies in the same group and associated companies
• Carry out checks with fraud prevention and credit agencies and tracing agencies if required

• Undertake analysis, produce models, statistics, reports and forecasts
• investigate and respond to complaints, disputes and where necessary to bring or defend legal claims

We will hold and process your data for legal purposes in order to:

• Meet our legal obligations
• Help identify you and meet our anti-money laundering obligations
• Supply information to any government body, regulatory authority, law enforcement agency as required and to credit and fraud prevention agencies
  • For full details of the Company’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy. Please contact us for more details at privacy@mfsuk.com, or using the contact details below in section 14.

We will hold and process your data by consent for marketing purposes to keep you informed of news and offers on Our products and/or services. We will not, however, send you any unsolicited marketing email.

7. How and Where Do We Store Your Data?

• • Your data will only be stored in the UK.
  • Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
  • Steps We take to secure and protect your data include:
    • SSL Encryption when using any of ours webform.
    • Recipient of your data using Microsoft Office 365 Business
    • All electronic copies of personal data are stored securely using passwords and data encryption.

8. Do We Share Your Data?

• • • • We may share your data with other companies in our trading group if we can identify any services that might be relevant to you, including which entity may offer you a loan.
      • We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
      • We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
      • In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.

How we use your information for loan processing

• We take your privacy very seriously and will always treat your personal details with the utmost care, holding them safely and securely. The following is a summary of how we will manage your information in relation to your loan application. Please read this carefully to understand the data we will hold about you and how it will be used.

Why do we collect your information and where do we get it from?

• We need to collect information about you in order to assess, open and administer your mortgage account with us. The amount and type of information we collect will vary depending on the products you choose to apply for or hold.
• We need a legal basis in order to process your data. This will be either that the processing is necessary for us to provide you with the loan product you are seeking; necessary to comply with our legal obligations; in our legitimate business interests in relation to such purposes or it is with your consent. Our legitimate business interest is a balance between our interest in conducting and managing our business, and the protection of your personal data.
• Generally, we collect information directly from you to assess and approve your loan application. However, if you are introduced to us by a mortgage broker or intermediary, we will obtain some information about you indirectly from them when they introduce you to us. We also obtain information from third party sources such as Credit Reference Agencies, Fraud Prevention Agencies, and other organisations to assist in the prevention and detection of crime. If you make a joint application with your spouse, partner, or family member, we will also need to collect personal information about that person.
• If you make an application on behalf of the joint applicant, you agree to show them this Privacy Notice and that you have all necessary consents to enable you to provide us with their information for the purposes described in this notice.

How we share your information with Credit Reference Agencies (‘CRAs’)

• If you apply for a mortgage, we will supply your personal information to CRAs and they will provide us with information about your financial situation and history. The CRAs will keep a record of each search, even if your application is not successful, and this could affect your ability to get credit from other organisations within a short period of time.
• For joint mortgage applications the CRAs will create a link between you and any other customer named on the mortgage. This will link your financial records, and each will be taken into account in all future applications by either or both of you.
• We will continue to exchange information about you with CRAs whilst you have a mortgage account with us, including recording any outstanding debt if you do not repay in full and on time. CRAs will share your information with other organisations. We may also make periodic searches at CRAs to help manage your account with us.
• The identities of the CRAs, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, their data retention periods and your data protection rights with the CRAs are explained in the Credit Reference Agency Information Notice (CRAIN), www.transunion.co.uk/CRAIN.

How we share your information with Fraud Prevention Agencies (‘FPAs’)

• We undertake checks about you with FPAs for the purposes of preventing fraud and money. The personal data you have provided, we have collected from you, or we have received from third parties may include you

• • • • • Name
        • Date of birth
        • Residential address and address history
        • Contact details such as email address and telephone numbers
        • Financial information
        • Employment details
        • Identifiers assigned to your computer or other internet connected device including your Internet Protocol (IP) address
• When we and fraud prevention agencies process your personal data, we do so on the basis that we have a legitimate interest in preventing fraud and money laundering, and to verify identity, in order to protect our business and to comply with laws that apply to us. Such processing is also a contractual requirement of the services or financing you have requested.
• We, and fraud prevention agencies, may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.
• Fraud prevention agencies can hold your personal data for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to six years. 

CONSEQUENCES OF PROCESSING

• If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the services and financing you have requested, or we may stop providing existing services to you. A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing, or employment to you. If you have any questions about this, please contact us on the details above

DATA TRANSFERS

• Whenever fraud prevention agencies transfer your personal data outside of the European Economic Area, they impose contractual obligations on the recipients of that data to protect your personal data to the standard required in the European Economic Area. They may also require the recipient to subscribe to ‘international frameworks’ intended to enable secure data sharing.

YOUR RIGHTS

• Your personal data is protected by legal rights, which include your rights to:

• • • • • Object to our processing of your personal data;
        • Request that your personal data is erased or corrected;
        • Request access to your personal data.
• For more information or to exercise your data protection rights please, please contact us at privacy@mfsuk.com.
• If you are unhappy about how your personal data has been used, please refer to our complaints policy at www.mfsuk.com/complaints. You also have a right to complain to the Information Commissioner’s Office www.ico.org.uk, which regulates the processing of personal data.
• MFS use the following agencies for AML and Fraud checks. If you want to exercise your Data Protection Rights in respect of the information held by the above organisations, then you should approach them directly using the contact details listed.

11. What Happens If Our Business Changes Hands?

• • We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
  • In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you be given the choice to have your data deleted or withheld from the new owner or controller.

12. How Can You Control Your Data?

• • • In addition to your rights under the GDPR, set out in section 4, when you submit personal data via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details).
    • You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

13. Your Right to Withhold Information

• • • • You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
      • You may restrict Our use of Cookies. For more information, see section 13 and Our Cookie Policy.

14. How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). There is usually no charge for this and we will provide the data within 1 month. We reserve the right to refuse to provide the data or charge the costs involved where requests are repetitive or vexatious. Please contact Us for more details at privacy@mfsuk.com, or using the contact details below in section 14. 

15. Our Use of Cookies
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. The table below explains the cookies we use and why.

These cookies are used to collect information about how visitors use our website and WordPress blog. We use the information to compile reports and to help us improve the website. The cookies collect information in an anonymous form, including the number of visitors to the website and blog, where visitors have come to the website from and the pages they visited.

We also use analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.

Cookie Names:

Universal Analytics (Google), _ga, _gali, _gat_UA-XXXXXXX, _gid

16. Contacting Us

If you have any questions about Our Site or this Privacy Policy, please contact Us by email at privacy@mfsuk.com or by telephone on +44 (0) 20 7060 1234. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).

17. Changes to Our Privacy Policy

We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

Terms & Conditions

Website 
Before using this site, you should read the following important information relating to it. This information governs your use of this site and, by using it, you agree to be bound by our terms. If you do not agree please exit this website immediately. The contents of this website, including these terms, are subject to change by us without notice.

The products and services are not offered to any person or entity in any jurisdiction where the advertisement, offer or sale of such products and services is restricted or prohibited by law or regulation or where any MFS office would be subjected to any registration or licensing requirement.

This website is designed to be accessed through its principal product home pages and such other pages as we may decide. If you access the site through individual pages directly, which are not designed for this purpose, you may not see important information which is relevant to a full understanding of our products and services. In addition to this Important Information page, you will be referred on certain site pages to read “Important Information”. These will contain important product details and relevant legal or regulatory information and must be read together with the relevant site pages.
All references on this website to MFS are to Market Financial Solutions Limited unless stated to the contrary.

We are not affiliated with, associated with, or endorsed by Massachusetts Financial Services.

Registered Details
Market Financial Solutions Limited is registered in England No. 5994359

Registered office
134 Buckingham Palace Road, London, United Kingdom, SW1W 9SA
Registered VAT number: GB 941708127

Governing Law
This website shall be governed by and construed in accordance with English law and is subject to the exclusive jurisdiction of the English courts. The information, products and services referred to on this website are not directed at any person or entity in any jurisdiction or country outside those where services may lawfully be offered by MFS and purchased by a visitor to this website.

No Liability
The information on this website is provided “as is” and has been compiled in good faith to provide information about MFS and its products and services. It is believed to be correct, but we cannot guarantee the accuracy, timeliness, or completeness of any such information. MFS shall not be liable for any loss or damage whatsoever and howsoever arising as a result of your use of or reliance on the information contained on this website.
Before acting on any information obtained from this website you should check it by calling MFS office.

Nothing contained on this website constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.

MFS reserve the right to modify, suspend, or discontinue this website or any part of it, with or without notice, at any time, and shall not be liable to you or to any third party for any such modification, suspension or discontinuance of this website.

MFS shall not be liable for any losses or damages of any kind arising out of your use or inability to use this website, or in connection with any error, omission, or defect contained on this website. Furthermore, MFS accepts no liability in respect of losses or damages arising out of changes made to the content of this website by unauthorised third parties.

Access to and use of this website is at your sole risk and MFS does not warrant that the use of this website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.

There is no exclusion of duties or liabilities under the Financial Services and Markets Act 2000, or any conduct of business rules which MFS are bound to comply with. There is no attempt to exclude liability for death, personal injury, or fraudulent misrepresentation.

No Offer
Nothing on this website should be construed as a solicitation or offer, or recommendation, to buy or sell securities or any other investment or banking product, or to provide any investment advice or service.

3rd Party Links
This website contains hypertext links to other websites which are hosted and maintained by third parties and which are not, or may not be, regulated by the Financial Conduct Authority. When you activate any of these links you leave the MFS website and we have no control over the content or security of any such site. You use such links entirely at your own risk and MFS accept no responsibility or liability for the content, use, or availability of such websites or for any loss or damage, however arising, as a result of their use.

Data Protection Act 1998
MFS is registered under the Data Protection Act 1998, Registration no. Z1858385 (issued by Information Commissioner’s Office)

Home Loans
YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON YOUR MORTGAGE.
CHANGES IN THE EXCHANGE RATE MAY INCREASE THE STERLING EQUIVALENT OF YOUR DEBT.

Risk Warnings
Past performance is not necessarily a guide to future performance.

The value of investments, and the income from them, can go down as well as up, and you may not recover the amount of your original investment.

Where an investment involves exposure to a foreign currency, changes in rates of exchange may cause the value of the investment, and the income from it, to go up or down.
Any tax reliefs referred to on this website are those available under current legislation, which may change, and their availability and value will depend on your individual circumstances.

In the case of some investments, you should be aware that there is no recognised market for them and that it may therefore be difficult for you to deal in them or to obtain reliable information about their value or the extent of the risks to which they are exposed.

Certain investments carry a higher degree of risk than others and are, therefore, unsuitable for some investors. Before contemplating any transaction, you should consider whether you require financial advice, which we would be pleased to provide upon request.

US Residents
Investment services for residents of the USA can be provided. Please speak to your consultant for more information.

Copyright 
You may use information on this site for your own personal reference only. You may reproduce this information in hard copy solely for your personal use. The information may not otherwise be reproduced, stored, distributed, or transmitted to any other person or incorporated in any way into another document or other material unless you first get our written permission.

Internet Monitoring
To maintain the security of its systems, protect its staff and detect fraud and other crimes, MFS reserves the right to monitor all internet communications, including web and e-mail traffic, into and out of its domains. Such monitoring includes, but is not limited to, checks for viruses and other malignant code, criminal activity and use or content which breaches the Group’s internal policies. MFS also reserves the right not to deliver any communication that breaches its internal policies.

Call Monitoring
Calls may be recorded.

The Financial Ombudsman Service – http://financial-ombudsman.org.uk/contact/ provides a scheme for solving disputes in the mortgage industry where it cannot be solved in-house. We do not subscribe to this scheme and so this will not be available to you.