PLEASE READ THE FOLLOWING PRIVACY POLICY AND CLICK THE "ACCEPT" BUTTON AT THE BOTTOM OF THE WINDOW.
 

Complete FS Ltd (company number 08163434) whose registered office is at Fleming Court,Leigh Road, Eastleigh, Southampton. Hampshire. SO50 9PD (“we”, “us” or “our”) is committed to protecting and respecting your privacy.

This privacy policy sets out how we collect, store and use personal data about you when you access the Complete/azurewebsites, submit information via Complete/azurewebsites, or otherwise provide yours or your clients personal data to us. It provides you with details about the types of personal data that we collect from you, how we use that personal data and the rights you have to control our use of the personal data.

Complete FS Ltd is the data controller in respect of your personal data. You can contact us by e-mailing us here: help@Complete-fs.co.uk or writing to us at Complete FS Ltd, 9 Compass Point, Ensign Way, Hamble-Le-Rice, Hampshire. SO31 4RA.

Please read this privacy policy carefully and check back regularly for any updates.
 

INFORMATION WE COLLECT

We may collect and process the following personal data from your use of Complete/Azurewebsites (your “information”):

·         Information you give us: This is information you submit to us via Complete/Azurewebsites, corresponding with us by phone, e-mail or otherwise and when you report a problem with the Complete/Azurewebsites site. If you contact us, we will keep a record of that correspondence. The information you give to us may include your name, username, job title, company name, FCA number, company e-mail address and phone number.

·         Information we collect about you: We may collect the following information:

o    technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and

o    information about your use of Complete/Azurewebsites, including information about records you create on the site (including the date and time records are created and the number of active records).

o    Clients personal information pertaining to a mortgage loan/enquiry. This may include reviewing assets and liabilities, bank accounts, identity verification checks, credit checks, preventing and detecting fraud, money laundering or other crimes and any other requirements in accordance with rules set by the Financial Conduct Authority (FCA) or other applicable legislation.

We need your name, e-mail address and company contact details in order to provide you with access to Complete/azurewebsites, otherwise we will not be able to set you up as a user on the site.

HOW WE USE YOUR INFORMATION

The purposes for which we use your information and the legal basis under data protection law on which we rely to do this are as follows:

·         It is necessary for our legitimate interests or that of a third party. This includes:

o    authentication of users accessing Complete/azurewebsites;

o    using your e-mail address to send you activity messages;

o    using your contact details in order to respond to any enquiries that you submit through Complete/azurewebsites and to engage in further communications with you about your enquiry;

o    to develop, operate, deliver and improve our site and content, for administration and for internal operations, including troubleshooting, data analysis and testing;

o    anonymising activity data and sharing this with you or your organisation for product performance analysis and using it to provide us with activity insight statistics which will help us improve our service;

o    contacting you to ask you to participate in customer satisfaction surveys and market research (by e-mail or phone) and to undertake and analyse those surveys and research; and

·         You have given us your consent to use it to contact you about our products and services. You can withdraw your consent at any time by contacting us on the details provided above or, for marketing communications, by following the unsubscribe instructions set out in the relevant communication.

·         It is necessary for compliance with a legal obligation. This includes when you exercise your legal rights under data protection law, for the establishment and defence of our legal rights and for compliance with legal and regulatory responsibilities that apply to us.

DATA ANONYMISATION AND AGGREGATED DATA

Your information will be anonymised and converted into statistical or aggregated data in such a way as to ensure that you are not identified or identifiable from it. Aggregated data cannot be linked back to you as a natural person. It will be used to conduct research and analysis, including to produce statistical research and reports.

DISCLOSURE TO AND USE OF YOUR INFORMATION BY THIRD PARTIES

We may disclose your information to the following third parties:

·         financial services providers that we work with may receive anonymised or aggregated activity data for product performance analysis and review;

·         our third-party service providers, agents, subcontractors and other organisations for the purposes of providing services to us or directly to you on our behalf. Such third parties may include cloud service providers (such as hosting and email management), IT maintenance providers, advertising agencies and administrative service providers. When we use third party service providers, we only disclose to them any personal information that is necessary for them to provide their service and we have a contract in place that requires them to keep your information secure and not to use it other than in accordance with our specific instructions; 

·         any third party who is restructuring, selling or acquiring some or all of our business or assets or otherwise in the event of a merger, re-organisation or similar event or in the event that we sell any business or assets, in which case we will disclose your information to the prospective buyer of such business or assets; and 

·         if we are under a duty to disclose or share your information in order to comply with any legal or regulatory obligation or request.

WHERE WE STORE YOUR INFORMATION

All information you provide to us is stored on our secure servers which are located within England.

If at any time we transfer your information to, or store it in, countries located outside of the EEA (for example, if our hosting services provider changes) we will ensure that appropriate safeguards are in place for that transfer and storage as required by applicable law. This is because some countries outside of the EEA do not have adequate data protection laws equivalent to those in the EEA.

SECURITY

The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Complete/Azurewebsites and any transmission is at your own risk. Once we have received any data, we will use strict procedures and security features to try to prevent unauthorised access.

Where we have given (or where you have chosen) a password which enables you to access the Complete/Azurewebsites, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.

YOUR RIGHTS

Under data protection law, you have rights in respect of the personal data relating to you. You have the right:

·         to be informed about the processing of your personal data (this is what this statement sets out to do);

·         to have your personal data corrected if it’s inaccurate and to have incomplete information completed – please note that you can update your details at any time by logging into your account;

·         to object to processing of your personal data where we rely on legitimate interests to process it (see above);

·         to restrict processing of your personal data in certain circumstances including where you contest the accuracy of it, you have objected to it and we are assessing whether we can continue processing it for our legitimate interest or we no longer need your information but you ask us to keep it to establish, exercise or defend a legal claim;

·         to have your personal data erased in certain circumstances including where it is no longer necessary for our purposes, you withdraw your consent or you object to the processing and we have no overriding legitimate interest to continue using it;

·         to withdraw your consent to our processing of your personal data where we’ve relied on your consent;

·         to request access to your personal data and information about how we process it;

·         to move, copy or transfer your personal data in certain circumstances and where feasible; and

·         rights relating to automated decision making, including profiling.

The way we process your information and the legal basis on which we rely to process it will affect the extent to which these rights apply. If you would like to discuss or exercise any of these rights, please contact us using the details provided above.

You have the right to lodge a complaint with the Information Commissioner’s Office where your information has or is being used in a way that you believe does not comply with data protection laws. We encourage you to contact us before making any complaint and we will seek to resolve any issues or concerns you may have.

PAYMENT OF APPLICATION FEES BY CLIENT

We do not store information about your clients’ debit or credit card or other means of payment.

We will forward a link from Lloyds Cardnet to enable payment of the Complete FS application fee and, if applicable, the valuation fee. It is your responsibility to advise your client/s and ensure payment is made, as per our terms and conditions of business).

USE OF INFORMATION WE COLLECT THROUGH AUTOMATED SYSTEMS WHEN YOU VISIT OUR WEBSITE

Cookies

Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.

Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.

When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

If choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.

We use cookies in the following ways:

·    To track how you use our website

·    To record whether you have seen specific messages we display on our website

·    To keep you signed in our site

·    To record your answers to surveys and questionnaires on our site while you complete them

·    To record the conversation thread during a live chat with our support team

Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded.

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.

Retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

·    To provide you with the services you have requested;

·    To comply with FCA Regulation, other law, including for the period demanded by our tax authorities;

·    To support a claim or defence in court.

CHANGES TO THIS PRIVACY POLICY

We may review this policy from time to time and any changes will be notified to you by posting an updated version on this site and/or by contacting you by email. Any changes will take effect seven days after the date on which we post the modified terms on this site or the date of our email, whichever is the earlier. We recommend you regularly check for changes and review this policy whenever you visit the site. If you do not agree with any aspect of the updated policy you must immediately notify us and cease using this site and accessing your user account.

PLEASE READ THE FOLLOWING TERMS OF BUSINESS AND CLICK THE "ACCEPT" BUTTON AT THE BOTTOM OF THE WINDOW.

By submitting an Enquiry or Application you acknowledge it will be processed by us in accordance with these Terms and you agree to these Terms.

1. DEFINITIONS

In these Terms the following expressions shall have the following meanings where the context otherwise requires:

 “Enquiry” or “Application” means any and all enquiries or applications for a Mortgage Product submitted by you on behalf of a client;

“Client”            means the client (or clients where more than one client is applying) for whom you are processing the enquiry or application;

“DPA”              means the Data Protection Act 1998; with effect from 25 May 2018 the General Data Protection Regulation (EU) 2016/679

“FCA”              means the Financial Conduct Authority;

“Intellectual Property” means any patent, copyright, registered design, unregistered design right, trade mark or other industrial or intellectual property owned or used by us together with any current applications for any registrable items of the foregoing;

“Mortgage Products” means mortgage products used by the lenders approved on the panel by us;

“Payments”     means any commission, charges or fees due to you from us in connection with applications;

”Services”        means the services we provide to you in connection with Enquiries and Applications;

”Terms”           means these terms of business as amended, supplemented or novated from time to time;

”You”               means the broker using our services and who has confirmed electronically that they accept these Terms;

“We”, “Us”, and “Our” means Complete FS Ltd registered in England and Wales (registered number 8163434) and whose address for service is at 9 Compass Point, Ensign Way, Hamble, SO31 4RA.

2. THE RELATIONSHIP

    .       2.1.  These Terms set out the basis on which we accept enquiries and applications from you and govern the provision and use of the services. These terms supersede any previously issued terms of business between us and you.

    .       2.2.  We will only accept enquiries and applications if you are authorised by the appropriate regulator as evidenced by entry on the Financial Services Register and hold all other relevant consents, permissions, registrations or licences for the purpose of carrying out your business in accordance with these terms.

    .       2.3.  Notwithstanding Clause 2.2, We reserve the right at our sole discretion to decline all or any enquiries or applications and we are not required to give a reason for doing so.

    .       2.4.  We may report to the FCA/ Principal Networks the basis on which business is conducted between you and your client. You acknowledge and accept that we will treat business as being conducted on an “advised‟ basis unless you tell us otherwise when you submit the enquiry or application.

    .       2.5.  You are not and may not purport or hold yourself out to be our agent unless specifically authorised in writing by us.

    .       2.6.  You are presumed to act on behalf of the client throughout your relationship with us, as governed by these terms, unless and until such time as we are advised otherwise.

            2.7 You are our customer and we will only transact or communicate with you, not the client.

3. YOUR DUTIES

3.1. You warrant and represent that you:

    .       3.1.1.  will obtain the client’s authorisation to be their agent prior to submitting an  application to us and you acknowledge that you may not submit applications without such authorisation from the client;

    .       3.1.2.  hold all relevant legal, regulatory, and other authorisations necessary for carrying out your business and for referring enquiries and applications to us;

    .       3.1.3.  otherwise conduct your business in accordance with the requirements of all relevant laws and regulations including without limit the FCA and/or PRA handbooks (and all regulations made thereunder) and any applicable guidance issued by the FCA from time to time and will not by your acts or omission do anything to cause us to be in breach of these regulations.

    .       3.1.4.  will act diligently and in good faith in all your dealings with us and the clients; and

3.2. You undertake:

    .       3.2.1.  that during completion of an enquiry/application, You will make the client aware of all declarations and statements that you make on your behalf and explain key information throughout the enquiry/application that will affect the client, and where necessary obtain the client’s consent to use of his/her information by us and lender(s) including but not limited to information in relation to the lenders use of their personal information and the effects of credit scoring and credit checks which may be undertaken by ss in order to process an enquiry/application.

    .       3.2.2.  that you will maintain the confidentiality of any user name and password used by you in our system (BORIS)

    .       3.2.3.  to act honestly and professionally and to use all due skill and care when acting for the client, including (but not limited to) ensuring that the application is suitable for the client in cases where you advise on the same;

    .       3.2.4.  to use best endeavours to ensure that information provided to us is true, accurate and complete in all material respects.

    .       3.2.5.  to keep all details of clients up to date;

    .       3.2.6.  not to refer enquiries/applications to us as a direct or indirect consequence of the activities of any person who is not appropriately authorised or exempt from authorisation by any relevant regulatory authority.

    .       3.2.7.  that You will promptly notify Us of any material matters relating to your business (including without limit any matters affecting any authorisations You hold) and will promptly provide us with any material information relating to your business which we reasonably request from time to time; and

    .       3.2.8.  that you will not seek to entice any of uur employees (or agents) to enter into Your employment or agency during the term of this agreement or for a period of 12 months thereafter.

3.3. You agree to inform Us immediately in writing if:

    .       3.3.1.  You cease to act on behalf of a client;

    .       3.3.2.  any of your authorisations, registrations or permissions needed to conduct all or part of your business lawfully are not current or are believed to be in jeopardy or if You are the subject of any enforcement action by the FCA.

    .       3.3.3.  You become aware of any unauthorised use of any username or password;

    .       3.3.4.  You become aware or believe that any information provided in or as part of an application is or may become untrue or incomplete; or

    .       3.3.5.  You commit a material breach of any relevant laws or regulations or these Terms.

4. DOCUMENTATION AND COMMUNICATION

    .       4.1.  You will pass on immediately to us or the Client as applicable, without amendment (unless otherwise agreed by us), any documentation which is either supplied by us for the benefit of or completion by the client, or provided by the client in relation to the application. You will advise us of all material facts known by or divulged to you in relation to business undertaken or to be undertaken with Us.

    .       4.2.  You will pass on to us all the necessary information and independently verifiable evidence that the client needs to provide to enable us to assess affordability on behalf of the lender.
            .          

    .       4.3.  You will not produce or distribute any documentation (unless supplied by us for distribution) containing our name without prior written consent.

    .       4.4.  You will not sign or amend any documents on our behalf nor make any statements or promises or representations of any kind whether written or oral which bind or purport to bind us or the lender. You will not hold Yourself out as having authority to make any such representation.

    5. PAYMENTS

    .       5.1.  We will pay to you or your regulated Principal any payments due to you on the terms and at the rates set by us from time to time (see http://www.complete-fs.co.uk/lender-proc-fees.php )  or any other terms and rates separately agreed in writing between us and you. Unless we have agreed otherwise we will make any payments into the account, details of which you have provided us with. A note of the terms and rates applicable at any time shall be available on request. We may change the rates of payments without notice.

    .       5.2.  We will cease making any Payments to You if:

    .       5.2.1.  We are notified in writing, or it is reasonable to infer, that You are no longer validly acting on behalf of the Client; or

    .       5.2.2.  We are prevented from making Payments by the operation of any law or regulation;

    .       5.3.  We reserve the right to suspend all Payments in the event You enter into a voluntary arrangement, are the subject of bankruptcy or liquidation proceedings, have a receiver or administrator appointed over any assets, cease to hold any relevant material regulatory authorisation or are charged with or convicted of any offence involving fraud or dishonesty. If We exercise this right We may hold on to the Payments until We have a clear direction from the courts or any relevant insolvency practitioner appointed as to whom We must make such payment. Suspension is without prejudice to Our rights to set off under these Terms or at law. In the foregoing references to You includes any of Your directors or partners.

    .       5.4.  We will not make any Payment to You in respect of any Application which has been fraudulent, or does not proceed to completion or where We become aware You are in material breach of these Terms in respect of such Application.

6. REIMBURSEMENT

6.1. You will reimburse us forthwith upon demand the amount of any payments:

made by Us to You in error (and You shall promptly notify Us of the same);

made by Us which relates to any application in respect of which You are materially in breach of these Terms, where the Application has been fraudulent or where completion has been delayed or does not occur.

            6.2.  Any sums due from or payable by You shall be recoverable by Us under any account with Us regardless of the type of business for which the account is held. Any sums due from You to Us may be deducted from any sums owed or which become owing by Us to You.

            6.3.  Exercise by Us of Our rights under this Clause 6 shall be without prejudice to any other rights or remedies available to Us under these Terms or otherwise available to Us.

7. MONEY LAUNDERING

7.1. You undertake that:

    .       7.1.1.  evidence of the identity of all Clients introduced by you shall be obtained and recorded (prior to the placing of business with us) under procedures maintained by You in accordance with the provisions of the UK Money Laundering Regulations 2007 (the „Regulations‟) (and all Directives, Regulations, Rules and Guidance Notes issued in substitution, amendment or addition thereto) and any of Our requirements from time to time notified to You; and

8. CONFIDENTIALITY AND DATA PROTECTION

    .       8.1.  Some or all of the information supplied to Us in connection with an Application will be held on computer and paper and will comprise Personal Data (as defined by the DPA). Unless required to do so by law, we will not disclose such information to anyone else other than the lender and their third parties to assist in the provision and servicing of the business you have introduced to us, or any prospective transferees or assignees, for any other purpose covered within these terms.

            8.4.  You warrant, represent, and undertake to Us that, prior to communicating a Client’s personal and/or sensitive data:

    .       8.4.1.  You will draw the information in relation to data protection and which appears on any relevant document to the Client’s attention and, in particular, make the Client aware of the purposes for which We will process personal data and to whom that data may be disclosed; and

    .       8.4.2.  You will obtain the Client’s consent to such use of their personal information.

    .       8.5.  For the avoidance of doubt, We may use personal data supplied to Us by or on behalf of a Client for any purposes to which the Client consents.

    .       8.6.  We and You confirm to each other that We are notified under the DPA and each agrees at all times to comply with the provisions of the DPA.

    .       8.7.  Please note that telephone calls may be recorded or monitored for security or training purposes.

10. INDEMNITY AND LIMITATION OF LIABILITY

0.1. You will indemnify Us in respect of any liability, losses, damages, or costs We may suffer or incur arising from any breach of the warranties, representations, or obligations under these Terms (including any breach of a relevant regulatory rule or applicable law) or by reason of any misrepresentation or negligent, tortuous or fraudulent act or as a result of any incorrect or misleading information that has been knowingly or negligently provided by You whether to Us, a Client or any other person. This indemnity is a continuing to apply after termination of these Terms, for whatever reason.

    .       10.2.  We will only be liable to You for losses arising directly as a result of negligence, fraud, or wilful default by Us. In no event will We be liable for special, indirect, consequential damages or losses, or for loss of data, profit or business opportunity.

    .       10.3.  Nothing in these Terms shall have the effect of excluding or limiting either party’s liability to the other where such exclusion or limitation would not be lawful.

11. VARIATION

    .       11.1.  Where there are changes in legislation or the rules or guidance of any relevant statutory regulatory authority, any relevant provisions in these Terms will be deemed to be amended accordingly.

12. TERMINATION

    .       12.1.  Either party may terminate the agreement on these Terms by giving one month’s notice to the other.

    .       12.2.  We may terminate the agreement on these Terms with immediate effect on the occurrence of any one or more of the following:

    .       12.2.1.  Any material breach by You or any person or body for which You are responsible of any of the provisions contained within these Terms;

    .       12.2.2.  any misconduct by You, any of Your directors or partners, or any person or body for which You are responsible which is or could be reasonably viewed as prejudicial to Our business or reputation;

    .       12.2.3.  You cease to be appropriately authorised;

    .       12.2.4.  cessation or suspension or intended cessation or suspension of Your operation or in any circumstance where in Our reasonable opinion it is likely to affect materially Your ability to perform Your obligations under these Terms; or

    .       12.2.5.  material litigation, insolvency, or reconstruction involving You (including any of your partners if you are a partnership) including (without limitation) bankruptcy, dissolution, sequestration, administration, winding up, or seizure of assets or entry into any arrangement or composition with creditors.

    .       12.3.  Any termination by Us shall be without prejudice to any other remedies that We may be able to pursue against You, including in respect of accrued rights.

    .       12.4.  Upon termination, You will:

    .       12.4.1.  not proceed any further with any Application and shall cease all promotion of Our business or the Mortgage Products;

    .       12.4.2.  be entitled to any unpaid Payments accrued to the date of termination but shall forfeit entitlement to all other Payments falling due after the date of termination.

13. NOTICES

13.1. Any notice under these Terms shall be in writing and may be served by sending the notice (i) by facsimile to the latest facsimile number notified to the other party from time to time or (ii) first class prepaid post, in Our case, to such address as We advised You from time to time and in, Your case, to the last address known to Us or (iii) by email to the latest email address notified to the other party from time to time. Any notice shall be deemed to have been received, in the case of:

    .       13.1.1.  facsimile, upon completion of transmission subject to production of a successful transmission confirmation;

    .       13.1.2.  first class prepaid post, 48 hours from the time of posting; and

    .       13.1.3.  by email upon completion of transmission, subject to non-receipt of notification of failure of transmission.

14. GENERAL

    .       14.1.  These Terms shall be governed by and construed in accordance with the laws of England and Wales and You agree to the exclusive jurisdiction of the English and Welsh courts.

    .       14.2.  Any failure or delay by Us or You to exercise or enforce any rights under these Terms and/or in law shall not be deemed to operate as a waiver of any such rights nor prejudice their enforcement in any way.

    .       14.3.  You may not assign, transfer subcontract or otherwise dispose, in whole or in part, of any of Your rights or obligations, without Our prior written consent. All or any of our rights can be assigned at any time without Your consent and references to “We”, “Us” and “Our” includes Our assignees.

    .       14.4.  These Terms set out the entire agreement between Us and You in substitution of any previous oral, written or implied agreement or representations, to the extent permitted by law.

    .       14.5.  The parties do not intend that any term should be enforceable as a result of the Contracts (Rights of Third Parties) Act 1999 or otherwise by any person who is not party to these Terms.

    .       14.6.  In the event that any provision in these Terms shall be declared void, voidable, illegal, or otherwise unenforceable by a judicial or other competent authority the parties agree that any such provision shall be amended in such reasonable manner as achieves the intention of the parties without conflict with the judicial or other competent authority and that the enforceability of the remaining provisions shall not be affected.

    .       14.7.  Nothing in these Terms should be construed as indicating or giving rise to a joint venture or partnership.

    .       14.8.  You accept that under these Terms We may from time to time make such relevant searches and checks in respect of You and Your owners/principals (including in relation to creditworthiness) as We see fit.