Why are we asking you to read this document?
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 Information). We want to explain what we will need to do with Your Information and the various rights you have concerning Your Information.
What do we mean by “Your Information”?
Your information means any information describing or relating to you. Your information may identify you directly, for example, your name, address, date of birth, National Insurance number, etc. Your information may also identify you indirectly, such as your employment situation, 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 concerning your mortgage or insurance requirements, Your Information may include the following:
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 dependents
Health status and history, details of treatment and prognosis, medical reports (further details are provided below expressly about the processing we may undertake with this type of information)
Any pre-existing mortgage or insurance products and the terms and conditions relating to these
The basis upon which our Firm will deal with Your Information
When we speak with you about your mortgage or insurance requirements, we do so because a contract for the supply of services is in place between us. To perform that contract and to arrange the products you require, we have the right to use Your Information for the purposes we set out below.
Alternatively, in the course of initial discussions with you or when the contract between us has ended for whatever reason, we have the right to use Your Information 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 Network relating to the advice we have given you or to contact you to seek feedback on the service you received.
On occasion, we will use Your Information to enable us to meet any contractual responsibilities we may owe our Network or for more comprehensive compliance with any legal or regulatory obligation to which we might be subject. If this were to arise, we would be processing Your Information 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 Information
Where you ask us to assist you with your insurance needs, in particular life insurance and insurance that may help you in the event of an accident or illness, we will ask you for information about your ethnic origin, your health and medical history (Your Special Data). We will record and use Your Special Data to make enquiries to insurance providers regarding insurance products that may meet your needs and to provide you with advice regarding the suitability of any product that may be available to you.
Suppose you have parental responsibility for children under the age of 16. In that case, we (and consequently our Network) will likely record information on our systems relating to t hose children and, potentially, their Special Data.
The arrangement of certain types of insurance may involve you disclosing information relating to historic or current criminal convictions or offences (together with “Criminal Disclosures”). This is relevant to insurance-related activities such as underwriting, claims and fraud management.
You’re Special Data and any Criminal Disclosures will be used by us in the same way as Your Information generally, as set out in this Customer Privacy Notice.
When we process your Special Data and any Criminal Disclosures, we do so because it is in the substantial public interest to provide vital insurance products and as permitted by UK data protection-related laws and regulations from time to time. Information on Special Category Data and Criminal Disclosures must be exchanged freely between insurance intermediaries, such as our Firm and insurance providers, to enable customers to secure the vital insurance protection their needs require.
How do we collect Your Information?
We will collect and record Your Information from various sources, mainly directly from you. You will usually provide information during our initial meetings or conversations with you to establish your circumstances and needs, and preferences for mortgages 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 voter’s roll. Suppose we use technology solutions to collect Your Information, such as software verifying your identity online or accessing your credit status and bank account entries. In that case, you will be required to provide your consent for us or our nominated processor to access your information in this manner. You will be provided details of how such software operates before activating the service.
What happens to Your Information when it is disclosed to us?
In the course of handling Your Information, we will:
Record and store Your Information in our paper files, mobile devices and computer systems (websites, email, hard drives, and cloud facilities). It will be accessed by employees and consultants within, or contractors engaged, by our Firm as necessary to provide our service to you and to perform any administration tasks associated with or incidental to that service.
Submit Your Information to mortgage lenders and insurance product providers, both in paper form and online via mortgage lender/insurance provider systems, to progress any enquiry or application made on your behalf and to deal with any additional questions or administrative issues that mortgage lenders and insurance providers may raise.
Input Your Information, along with full details of the mortgage and insurance discussed with you or which you have taken out, to the computer systems of our Network.
Use Your Information to respond to any queries about any mortgage product or insurance policy you may take out or to inform you of any developments about those products and procedures of which we might become aware.
Sharing and transferring Your Information
From time to time, Your Information will be shared with or transferred to:
To mortgage lenders and insurance providers
Third parties who we believe will be able to assist us with your enquiry or application or who can ( Support your needs as identified, such third parties will include but may not be limited to, product specialists, including those within our Network and other Appointed Representatives of the Network), estate agents, Providers of legal services such as conveyancing, surveyors and valuers (in each case where we believe this to be required due to your particular circumstances).
In each case, for the purposes set out in this customer privacy notice, i.e. to progress your mortgage and insurance enquiry and to provide you with our professional services.
Please note that this sharing of Your Information 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.
These parties may be located in the UK or elsewhere where different privacy laws may apply, offering more protection than UK law. We only make these arrangements or transfers where we are satisfied that adequate levels of protection are in place to protect any information held in that country and that the service provider always complies with applicable privacy laws.
The basis upon which our Network will deal with Your Information, Your Special Data and Criminal Disclosures
Our Network is authorised and regulated by the Financial Conduct Authority (FCA). Our Network is responsible for the quality of the advice we provide you about your mortgage and insurance products, where the FCA regulates those products. In doing so, our Network will also process Your Information generally, including Your Special Data and Criminal Disclosures.
In the course of handling Your Information and Your Special Data/Criminal Disclosures, our Network will:
Record and store Your Information, and Special Data/Criminal Disclosures on Network systems run on secure servers. Your Information and Your Special Data/Criminal Disclosures will be accessed by authorised employees and consultants within, or engaged, by the Network as necessary for supervision, training, quality audits, customer surveys and complaint handling or otherwise to comply with any other legal or regulatory obligation the Network may have.
Use and, where appropriate, transmit, Your Information and Your Special Data/Criminal Disclosures to respond to any request from the FCA, the Financial Ombudsman Service, HMRC, the Office of the Information Commissioner or any other regulatory, law enforcement or governmental body.
Need to access and process Your Information and Your Special Data/Criminal Disclosures to deal with enquiries received from mortgage lenders and insurance providers that relate to the service this Firm has provided to you, including the payment of any commission or fees to us that may be linked to the product you have taken out. Your Information and Your Special Data/Criminal Disclosures will be retained by our Network either electronically or in paper format for a minimum of six years and possibly for a more extended period where this is required to enable the Network to fulfil its legal and regulatory obligations.
Security and Retention of Your Information
Your privacy is important to us, and we will keep Your Information secure per our legal responsibilities. We will take reasonable steps to safeguard against Your Information being accessed unlawfully or maliciously by a third party, accidentally lost, destroyed or damaged.
We also expect you to take reasonable steps to safeguard your privacy when transferring information, such as not sending confidential information over unprotected email, ensuring email attachments are password-protected or encrypted, and only using secure postage methods when original documentation is sent to us.
Your information will be retained by us either electronically or in paper format for at least six years, or if longer than six years, the duration of this Firm’s relationship with you.
Your Rights about Your Information
Request copies of Your Information that is under our control
Ask us to explain further how we use Your Information.
Ask us to correct, delete or require us to restrict or stop using Your Information (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 Information to another organisation should you wish to 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)
If you have any questions or comments about this document or wish to make contact to exercise any of your rights set out within it, please contact:
Sims Financial Services Ltd
1228 London Road
Derby DE24 8QP
If we have a legal right not to deal with your request or to act it differently than you have requested, we will inform you of this at the time.
You should also contact us as soon as possible upon becoming aware of any unauthorised disclosure of Your Information so that we may investigate and fulfil our regulatory obligations.
Suppose you have any concerns or complaints about how we have handled Your Information or Your Special Data/Criminal Disclosures. In that case, 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.