Legal Notices
- Registered Details
Name of company
Blue Moon Mortgages Limited
Registered Office
2 College Street
Higham Ferrers
Northamptonshire
Contact Details
01933 303020
Country of registration
England
Company Registration Number
05588223
- Regulated by
Financial Conduct Authority
FCA number 451679
- Postal Address
Please note this address is for mail only, this is not the office address.
Name of company
Blue Moon Mortgages Limited
Postal Address
Waterside House
Nene Park
Station Road
Irthlingborough
Northamptonshire
NN9 5QF
- Office address
You will find us at
20 High Street
Irthlingborough
Northamptonshire
NN9 5TN
Telephone number
01933 303020
Email address
ask@bluemoon.co.uk
- Code of Ethics
Blue Moon Mortgages Ltd is committed to observing the highest standards of professionalism and ethical behaviour, and as such expects its advisers to conduct themselves appropriately, and to observe and abide by the following:-
1. To act honestly and fairly at all times when dealing with clients and to act in the best interests of each client and treat them fairly.
2. To treat people fairly regardless of age; disability; gender reassignment; pregnancy and maternity; marriage and civil partnership; race; religion and belief; sex; and sexual orientation.
3. To act with integrity in fulfilling the responsibilities of your appointment and seek to avoid any acts, omissions or business practices which damage the reputation of ABC Financial Services Ltd and the financial services industry.
4. To observe applicable law, regulations and professional conduct standards when carrying out financial services activities.
5. To observe the standards of market integrity, good practice and conduct required or expected of participants in markets when engaging in any form of market dealings.
6. To only make recommendations that are suitable, appropriate and that puts the interests of the client first.
7. To attain and actively manage a level of professional competence appropriate to your responsibilities and commit to continued learning to ensure the currency of your knowledge, skills and expertise.
8. To decline any engagement for which you are not competent unless you have access to such advice and assistance as will enable you to carry out the work competently, and act in the clients best interests.
9. To uphold the highest personal and professional standards.
10. To act with fairness, integrity and courtesy in all business activities.
- Conflicts of Interest Policy
Conflicts of Interest Policy for Blue Moon Mortgages Ltd
Overview
A ‘conflict of interest’ is a situation where the firm or an employee, or other associate of the firm has competing professional or personal interests, which may prevent services being provided to clients in an independent or impartial manner.
Blue Moon Mortgages Ltd is committed to identifying, monitoring and managing all actual and potential conflicts of interest that can or may arise between us and our clients and any person directly or indirectly associated with the firm. We are required to establish, implement and maintain a written Conflicts of Interest policy.
This document provides information in relation to the policies we have in place to manage conflicts of interest.
Identifying Conflicts
Blue Moon Mortgages Ltd takes all reasonable steps to identify conflicts of interests that arise or may arise, in the course of the provision of service(s) to clients, between:
• the firm, including managers, employees and appointed representatives;
• any person directly or indirectly linked to the firm; and
• amongst clients of the firm.
Types of Conflicts
Blue Moon Mortgages Ltd will take into account whether the firm, or a relevant person, or a person directly or indirectly linked to the firm:
• is likely to make a financial gain, or avoid a financial loss, at the expense of a client;
• has an interest in the outcome of a service provided to a client;
• has an interest in the outcome of a transaction carried out on behalf of a client;
• has a financial or other incentive to favour the interest of a client or group of clients over the interests of another client;
• carries on the same business as a client;
• receives, or will receive from a person, other than a client an inducement in relation to a service provided to a client, in the form of monies, goods or services, other than the standard commission or fee for that service.
Below is a summary of the principal conflicts that could arise in our business and the steps we take to mitigate them.
Gifts & Inducements
In accordance with the Rules of our regulator, the Financial Conduct Authority, we are prohibited from accepting a fee, commission or other non – monetary benefit which is likely to conflict with the duty the firm owes to its clients.
The firm may receive non–monetary benefits from product providers or other third parties. Such benefits are typically of a modest nature and generally relate to the provision of literature, participation in seminars, training and hospitality. The provisions of such benefits are designed to enhance the quality of the services we provide to our clients.
We may occasionally receive gifts from clients and providers in recognition of services provided. We take care to ensure that these gifts are of a modest nature and do not create any obligations or debt.
Details of any gifts or inducements must be reported and recorded within our ‘Gifts and Inducements’ Register. Where relevant we will disclose the amount of any benefit to clients and provide further details on request.
Business Interest and Suitability
Blue Moon Mortgages Ltd offers advice in accordance with that disclosed to you in our Initial Disclosure Document and Client Agreement. Occasions may arise where we or one of our other clients have some form of interest in business being transacted for you. If this happens or we become aware that our interests or those of one of our other clients conflict with your interests, we will write to you and obtain your consent before we carry out your instructions, and detail the steps we will take to ensure fair treatment.
When we make personal recommendations in relation to specific investments we are required to take reasonable steps to ensure that the recommendation is suitable for the client’s needs and circumstances.
Remuneration
Our income normally comes from either commission from the product providers (e.g. life assurance companies) we write business with, or fees paid to us by our clients. Whenever commission is available to us, you can choose whether to pay us by allowing us to keep the commission, or by paying us a fee instead. This is in line with standard industry practice. We will tell you how much the commission is before the transaction.
Alternatively, if it is agreed that we will operate on a fee basis, we will agree its basis, frequency and method in writing before we carry out any chargeable work. Should we receive commission from any third party in relation to transactions arranged for a client, we will offset the amount received against any fees due.
We may also receive some form of benefit if we introduce business to a product provider or another firm. We will tell you before the transaction if we are likely to receive some form of benefit from recommending any product to you, or from working with any product provider or firm.
Disclosure of Conflicts of Interest
Where we identify that an actual or potential conflict of interest exists we will notify you in writing of that fact to enable you to make an informed decision about whether or not you wish to proceed.
Recording Conflicts of Interest
Blue Moon Mortgages Ltd will keep and maintain a record of circumstances in which a conflict of interest may arise, or has arisen, as a result of the activities carried out by the firm.
Managing Conflicts
To ensure that Blue Moon Mortgages Ltd manages conflicts of interest effectively, Sue Walker will have the overall responsibility to ensure that the firm identifies and manages any conflicts of interest appropriately effectively, and in line with the Financial Conduct Authority (FCA) Rules and guidance.
Staff Understanding
All of our employees are made aware of this policy to highlight and emphasise the importance of identifying and managing conflicts of interest.
Review
Our conflicts of interest policy is reviewed on a regular basis and at least on an annual basis.
If you require any further information on our Conflicts of Interest policy please contact Sue Walker, Blue Moon Mortgages Ltd, Waterside House, Station Road, Nene Park, Irthlingborough, Northamptonshire NN9 5QF Tel: 01933 303020
- Customer Privacy Notice - downloadable file
Customer Privacy Notice - click to download file
Why should you read this document?
During the course of dealing with us, we will ask you to provide us with detailed personal informationrelating 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 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 dependents
• 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 investment/mortgage/finance 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 investment/mortgage/finance 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 ComplianceService 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 this 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 (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, 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 / 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, 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.
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 format for a minimum of six years, or in instances whereby we have legal right to such information we will retain records indefinitely.
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:
Mrs S Walker, Data Controller, Blue Moon Mortgages Ltd, Waterside House, Station Road, Nene Park, Irthlingborough, Northamptonshire NN9 5QF Tel: 01933 303020
If we feel we have a legal right not to deal with your request, or to action, it in 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
I hereby grant Blue Moon Mortgages Limited permission to process my personal data for the purpose stated in the Customer Privacy Notice above.
Signed:
Print Name:
Date:
Marketing Consent
I, hereby grant Blue Moon Mortgages Limited 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.
IMPORTANT NOTES: Marketing by our Firm
If you do not indicate your agreement for us to make contact with you, we may be unable to provide you with details of products and/or services that may suit your needs and circumstances.
We would like to maintain a record of your express consent for us to contact you by post, telephone, SMS, email and instant messaging for marketing our products or services that we think may be of interest to you. Please indicate your consent to us contacting you by any of the means specified below:
Post Phone SMS Email Instant Messaging*
*Whatsapp or similar service.
Signature: Date:
- Data Protection Policy
DATA PROTECTION POLICY
1. Policy, scope and objectives
1.1 The Board of Directors of Blue Moon Mortgages Limited, located at Waterside House, Station Road, Nene Park, Irthlingborough, Northamptonshire NN9 5QF are within the context of its Information Security Policy committed to compliance with all relevant UK and EU laws in respect of personal data, and to protecting the “rights and freedoms” of individuals whose information we collect in accordance with the General Data Protection Regulation (GDPR).
To that end, The Board of Directors/Principals has developed, implemented, maintains and continuously improves a documented Personal Information Management System (‘PIMS’) for Blue Moon Mortgages Limited.
1.2 Scope
The scope of the PIMS takes into account organisational structure, management responsibility, jurisdiction and geography.
1.3 Objectives of the PIMS
Blue Moon Mortgage Limited’s objectives for the PIMS are
• that it should enable the firm to meet its own requirements for the management of personal information;
• that it should support organisational objectives and obligations; that it should impose controls in line with the firm’s acceptable level of risk;
• that it should ensure that the firm meets applicable statutory, regulatory, contractual and/or professional duties; and that it should protect the interests of individuals and other key stakeholders.
1.4 Blue Moon Mortgages Limited is committed to complying with data protection legislation and good practice including:
a. processing personal information only where this is strictly necessary for legitimate organisational purposes;
b. collecting only the minimum personal information required for these purposes and not processing excessive personal information;
c. providing clear information to individuals about how their personal information will be used and by whom;
d. only processing relevant and adequate personal information;
e. processing personal information fairly and lawfully;
f. maintaining an inventory of the categories of personal information processed by the firm;
g. keeping personal information accurate and, where necessary, up to date;
h. retaining personal information only for as long as is necessary for legal or regulatory reasons or, for legitimate organisational purposes;
i. respecting individuals’ rights in relation to their personal information, including their right of subject access;
j. keeping all personal information secure;
k. only transferring personal information outside the EU in circumstances where it can be adequately protected;
l. the application of the various exemptions allowable by data protection legislation;
m. developing and implementing a PIMS to enable the policy to be implemented;
n. where appropriate, identifying internal and external stakeholders and the degree to which these stakeholders are involved in the governance ofthe firm’s PIMS; and
o. the identification of workers with specific responsibility and accountability for the PIMS.
Notification
1.5 Blue Moon Mortgages Limited has notified the Information Commissioner that it is a data controller and that it processes certain information about data subjects. Blue Moon Mortgages Limited has identified all the personal data that it processes.
1.6 A copy of the ICO notification details is retained by the appointed person with the firm (The Data Protection Officer) and the ICO Notification Handbook is used as the authoritative guidance for notification.
1.7 The ICO notifications are automatically renewed annually.
1.8 The Data Protection Officer is responsible, each year, for reviewing the details of notification, in the light of any changes tothe firm’s activities and to any additional requirements identified by means of data protection impact assessments.
The policy applies to all Employees of Blue Moon Mortgages Limited such as outsourced suppliers. Any breach of the GDPR or this PIMS will be dealt with under the firm’s disciplinary policy and may be a criminal offence, in which case the matter must be reported as soon as possible to the appropriate authorities.
Partners and any third parties working with or for the firm, and who have or may have access to personal information, are expected to have read, understood and to comply with this policy.
No third party may access personal data held by the firm without having first entered into a data confidentiality agreement, which imposes on the third party obligations no less onerous than those to which the firm is committed, and which gives the firm the right to audit compliance with the agreement.
2. Background to the General Data Protection Regulation (‘GDPR’)
The General Data Protection Regulation 2016 replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of living individuals, and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent.
3. Definitions used by the organisation (drawn from the GDPR)
Territorial scope – the GDPR will apply to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It will also apply to controllers outside of the EU that process personal data in order to offer goods and services, or monitor the behaviour to data subjects who are resident in the EU.
Establishment – the main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose of its data processing activities. The main establishment of a processor in the EU will be its administrative centre. If a controller is based outside the EU, it will have to appoint a representative in the jurisdiction in which the controller operates, to act on behalf of the controller and deal with supervisory authorities.
Personal data – any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Special categories of personal data – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
Data controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Data subject – any living individual who is the subject of personal data held by an organisation.
Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse, or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behavior. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.
Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.
Data subject consent - means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.
Child – the GDPR defines a child as anyone under the age of 13 years old. The processing of personal data of a child under 13 years of age is only lawful if parental or custodian consent has been obtained.
Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Filing system–any structured set of personal data, which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
4. Responsibilities under the General Data Protection Regulation
4.1 Blue Moon Mortgages Limited is a data controller and a data processor under the GDPR.
4.2 Anyone in a managerial or supervisory role throughout Blue Moon Mortgages Limited are responsible for developing and encouraging good information handling practices within the organisation; responsibilities are set out in individual job descriptions.
4.3 The Data Protection Officer if a member of the senior management team, is accountable to Board of Directors/Principals of the firm for the management of personal information within the firm and for ensuring that compliance with data protection legislation and good practice can be demonstrated. This accountability includes:
• development and implementation of the PIMS as required by this policy; and
• security and risk management in relation to compliance with the policy.
4.4 The Data Protection Officer,who the Board of Directors/Principals considers to be suitably qualified and experienced, has been appointed to take responsibility for the firm’s compliance with this policy on a day-to-day basis. In particular, has direct responsibility for ensuring that the firm complies with the GDPR, as do Line Managers in respect of data processing that takes place within their area of responsibility.
4.5 The Data Protection Officer has specific responsibilities in respect of procedures such as the Subject Access Request procedure and are the first point of call for Employees seeking clarification on any aspect of data protection compliance.
4.6 Compliance with data protection legislation is the responsibility of all members of the firm who process personal information.
4.7 The firm’s Training Policy sets out specific training and awareness requirements in relation to specific roles and to members of the firm generally.
4.8 Staff are responsible for ensuring that any personal data supplied by them, and that is about them, is accurate and up-to-date.
5. Risk Assessment
Objective: To ensure that the firm is aware of any risks associated with the processing of particular types of personal information.
Blue Moon Mortgages Limited has a process for assessing the level of risk to individuals associated with the processing of their personal information. Assessments will also be carried out in relation to processing undertaken by other organisations on behalf of the firm.
Blue Moon Mortgages Limited shall manage any risks, which are identified by the risk assessment in order to reduce the likelihood of a non-conformance with this policy.
Where a type of processing, in particular using new technologies is likely to result in a high risk to the “rights and freedoms” of natural persons, the firm shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data.
A single assessment may address a set of similar processing operations that present similar high risks.
Where, as a result of a Data Protection Impact Assessment, it is clear that the firm is about to commence processing of personal information that could cause damage and/or distress to the data subjects, the decision as to whether or not the firm may proceed must be escalated for review to The Data Protection Officer.
The Data Protection Officer shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, escalate the matter to the Information Commissioners Office.
Appropriate controls will be selected and applied to reduce the level of risk associated with processing individual data to an acceptable level, by reference to the requirements of the GDPR.
6. Data protection principles
All processing of personal data must be done in accordance with the following data protection principles of the Regulation, and the firm’s policies and procedures are designed to ensure compliance with them.
6.1 Personal data must be processed lawfully, fairly and transparently, Blue Moon Mortgages Limited’s Fair Processing Procedure is set out in a separate document.
GDPR introduces the requirement for transparency whereby the controller has transparent and easily accessible policies relating to the processing of personal data and the exercise of individuals’ “rights and freedoms”.
Information must be communicated to the data subject in an intelligible form using clear and plain language.The specific information that must be provided to the data subject must as a minimum include:
• the identity and the contact details of the controller and, if any, of the controller's representative;
• the contact details of the Data Protection officer, where applicable;
• the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
• the period for which the personal data will be stored;
• the existence of the rights to request access, rectification, erasure or to object to the processing;
• the categories of personal data concerned;
• the recipients or categories of recipients of the personal data, where applicable;
• where applicable, that the controller intends to transfer personal data to a recipient in a third country and the level of protection afforded to the data;
• any further information necessary to guarantee fair processing.
6.2 Personal data can only be collected for specified, explicit and legitimate purposes.
Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the Information Commissioner as part of the firm’s GDPR registration.
The firm’s fair processing policy sets out the relevant procedures.
6.3 Personal data must be adequate, relevant and limited to what is necessary for processing.
• The Data Protection Officer is the GDPR Owner and is responsible for ensuring that information, which is not strictly necessary for the purpose for which it is obtained, is not collected.
• All data collection forms (electronic or paper-based), including data collection requirements in new information systems, must be approved by the Data Protection Officer.
• The Data Protection Officer will ensure that, on an annual basis all data collection methods are reviewed by [internal audit/external experts] to ensure that collected data continues to be adequate, relevant and not excessive.
• If data is given or obtained that is excessive or not specifically required by the firm’s documented procedures, Sue Walker is responsible for ensuring that it is securely archived, deleted or destroyed in line with the firm’s policy for disposal of storage media.
6.4 Personal data must be accurate and kept up to date.
• Data that is kept for a long time must be reviewed and updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate.
• The firm are responsible for ensuring that all staff are trained in the importance of collecting accurate data and maintaining it.
• It is also the responsibility of individuals to ensure that data held by the firm is accurate and up-to-date. Completion of an appropriate registration or application form etc. will be taken as an indication that the data contained therein is accurate at the date of submission.
• Staff should notify the firm of any changes in circumstance to enable personal records to be updated accordingly. It is the responsibility of the firm to ensure that any notification regarding change of circumstances is noted and acted upon.
• The Data Protection Officer is responsible for ensuring that appropriate additional steps are taken to keep personal data accurate and up to date, taking into account the volume of data collected, the speed with which it might change and any other relevant factors.
• On at least an annual basis, The Data Protection Officer will review all the personal data maintained by the firm. The DPO will identify any data that is no longer required in the context of the registered purpose and will arrange to have that data securely archived, deleted/destroyed in line with the firm’s policy for disposal of storage media.
• The Data Protection Officer is responsible for making appropriate arrangements that, where third party organisations may have been passed inaccurate or out-of-date personal information it is not to be used to inform decisions about the individuals concerned; and for passing any correction to the personal information to the third party where this is required.
6.5 Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing.
• Where personal data is retained beyond the processing date, it will be archived in order to protect the identity of the data subject in the event of a data breach.
• Personal data will be retained in line with the retention of records procedure and, once its retention date is passed, it must be securely archived or destroyed as set out in this procedure.
• The Data Protection Officer must specifically approve any data retention that exceeds the retention periods defined in the firms record retention procedure, and must ensure that the justification is clearly identified and in line with the requirements of the data protection legislation. This approval must be written.
6.6 Personal data must be processed in a manner that ensures its security
6.7 Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
These controls have been selected on the basis of identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed.
6.8 Personal data shall not be transferred to a country or territory outside the European Union unless that country or territory ensures an adequate level of protection for the ‘rights and freedoms’ of data subjects in relation to the processing of personal data.
The transfer of personal data outside of the EU is prohibited unless one or more of the specified safeguards or exceptions apply.
6.8.1 Safeguards
An assessment of the adequacy by the data controller taking into account the following factors:
• the nature of the information being transferred;
• the country or territory of the origin, and final destination, of the information;
• how the information will be used and for how long;
• the laws and practices of the country of the transferee, including relevant codes of practice and international obligations; and
• the security measures that are to be taken as regards the data in the overseas location.
6.8.2 Exceptions
In the absence of an adequacy decision, including binding corporate rules, a transfer of personal data to a third country, or an international organisation, shall take place only on one of the following conditions:
• the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;
• the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject's request;
• the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person;
• the transfer is necessary for important reasons of public interest;
• the transfer is necessary for the establishment, exercise or defence of legal claims;
• the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent;
• the transfer is made from a register which according to Union or Member State law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest, but only to the extent that the conditions laid down in Union or Member State law for consultation are fulfilled in the particular case.
A list of countries that satisfy the adequacy requirements of the Commission are published in the Official Journal of the European Union.
6.9 Accountability
The GDPR introduces the principle of accountability which states that the controller is not only responsible for ensuring compliance but for demonstrating that each processing operation complies with the requirements of the GDPR.
Specifically, controllers are required to maintain necessary documentation of all processing operations, implement appropriate security measures, perform DPIAs (Data Processing Impact Assessment), comply with requirements for prior notifications, or approval from supervisory authorities and appoint a Data Protection Officer if required.
7. Data subjects’rights
Data subjects have the following rights regarding data processing, and the data that is recorded about them:
• To make subject access requests regarding the nature of information held and to whom it has been disclosed.
• To prevent processing likely to cause damage or distress.
• To prevent processing for purposes of direct marketing.
• To be informed about the mechanics of automated decision-taking process that will significantly affect them.
• Not to have significant decisions that will affect them taken solely by automated process.
• To sue for compensation if they suffer damage by any contravention of the GDPR.To take action to rectify, block, erased, including the right to be forgotten, or destroy inaccurate data.
7.1 To request the ICO to assess whether any provision of the GDPR has been contravened.
7.2 The right for personal data to be provided to them in a structured, commonly used and machine-readable format, and the right to have that data transmitted to another controller.
7.3 The right to object to any automated profiling without consent.
Data subjects may make data access requests as described in the our subject access request procedure this procedure also describes how the firm will ensure that its response to the data access request complies with the requirements of the Regulation.
Complaints
Data Subjects who wish to complain to Blue Moon Mortgages Limited about how their personal information has been processed may lodge their complaint directly with the Data Protection Officer. The Data Protection section of you client facing material will need to be modified to include a GDPR complaints section.
If operating a website the firm may wish to consider creating a form, usually on the ‘Contact Us’ section of their website, into which data subjects can enter the details of their complaint. They will need to be shown the Customer Privacy Notice at this point.
Data subjects may also complain directly to the ICO and the DPO in writing.
Where data subjects wish to complain about how their complaint has been handled, or appeal against any decision made following a complaint, they may lodge a further complaint to the Data Protection Officer. The right to do this will be included in the GDPR section of our complaints procedure.
8. Consent
Blue Moon Mortgages Limited understands ‘consent’ to mean that it has been explicitly and freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she by statement, or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The consent of the data subject can be withdrawn at any time.
Blue Moon Mortgages Limited understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing. There must be some active communication between the parties, which demonstrate active consent.
Consent cannot be inferred from non-response to a communication. For sensitive data, explicit written consent of data subjects must be obtained unless an alternative legitimate basis for processing exists.
In most instances, consent to process personal and sensitive data is obtained routinely by the firm using standard consent documents.
Where the firm provides online services to children, parental, or custodial authorisation must be obtained. This requirement applies to children under the age of 13.
9. Security of data
All Employees are responsible for ensuring that any personal data, which the firm holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by the firm to receive that information and has entered into a confidentiality agreement.
All personal data should be accessible only to those who need to use it, and access may only be granted in line with the Access Control Policy. You should form a judgment based upon the sensitivity and value of the information in question, but personal data must be kept:
• in a lockable room with controlled access; and/or
• in a locked drawer or filing cabinet; and/or
• if computerised, password protected in line with corporate requirements in the Access Control Policy; and/or
• Stored on (removable) computer media, which are encrypted.
Care must be taken to ensure that PC screens and terminals are not visible except to authorised Employees of Blue Moon Mortgages Limited. All Employees are required to enter into an Acceptable Use Agreement before they are given access to organisational information of any sort.
Manual records may not be left where they can be accessed by unauthorised personnel and may not be removed from business premises without explicit authorisation.
Personal data may only be deleted or disposed of in line with the Secure Disposal policy. Manual records that have reached their retention date are to be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs are to be removed and immediately destroyed before disposal. Personal data which can be related to financial transactions may be kept indefinitely for evidential purposes and may be archived in line with Archive Procedure.
Processing of personal data ‘off-site’ presents a potentially greater risk of loss, theft or damage to personal data. Staff must be specifically authorised to process data off-site.
10. Rights of access to data
Data subjects have the right to access any personal data (i.e. data about them) which is held by the firm in electronic format and manual records, which form part of a relevant filing system. This includes the right to inspect confidential personal references received by the firm, and information obtained from third-party organisations about that person.
Subject Access Requests are dealt with as described in the relevant procedure
11. Disclosure of data
Blue Moon Mortgages Limited must ensure that personal data is not disclosed to unauthorised third parties, which includes family members, friends, government bodies, and in certain circumstances, the Police. All Employees should exercise caution when asked to disclose personal data held on another individual to a third party and will be required to attend specific training that enables them to deal effectively with any such risk. It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of the firm’s business.
The GDPR permits certain disclosures without consent so long as the information is requested for one or more of the following purposes:
• to safeguard national security;
• prevention or detection of crime including the apprehension or prosecution of offenders;
• assessment or collection of tax duty;
• discharge of regulatory functions (includes health, safety and welfare of persons at work);
• to prevent serious harm to a third party;
• to protect the vital interests of the individual, this refers to life and death situations.
All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by the Data Protection Officer
12. Retention and disposal of data
Personal data may not be retained for longer than it is required. Once a member of staff has left Blue Moon Mortgages Limited, it may not be necessary to retain all the information held on them. Some data will be kept for longer periods than others.
Disposal of records
Personal data must be disposed of in a way that protects the “rights and freedoms” of data subjects (e.g. shredding, disposal as confidential waste, secure electronic deletion) and in line with the secure disposal procedure.
- FCA Principles
FCA Principles
1.1 Introduction
Formulated by the Financial Conduct Authority, the Principles are intended to form the apex of the regulatory structure, setting the overall standards at a high level of generality.
FCA Authorised firms and their representatives are required to act at all times in accordance with the Principles.
The Principles are not exhaustive of the standards expected. Conformity with the Principles does not absolve a failure to observe other requirements, while the observance of other requirements does not necessarily amount to conformity with the Principles.
Disciplinary proceedings can be based on breaches of the Principles. References to ‘firm’ also includes individuals and companies and references to customers refer also to potential customers.
The Principles are set out in Sections 1.2 and 1.3 with an accompanying commentary.
1.2 The Principles in relation to the business
1. Integrity
A firm must conduct its business with integrity.
Commentary:
This is an overriding Principle. “Integrity” is essentially a matter of honesty and straightforwardness, while fairness involves disinterestedly treating cases on their merits. The observance of high standards of integrity and fair dealing can, of course, involve different conduct in different circumstances.
2. Skill, Care and Diligence
A firm must conduct its business with due skill, care and diligence.
Commentary:
As noted for Principle 1, this Principle may be regarded as an overriding Principle, with a wider coverage and higher level of generality than those which follow. The requirement to act with due skill, care and diligence, may be treated as largely a statement of the existing Law. However, the significance of a Principle on the subject is that it makes a failure of skill, care or diligence a disciplinary matter, involving the regulator, rather than merely a ground for private dispute.
3. Management and Control
A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems.
Commentary:
A firm should organise and control its internal affairs in a responsible manner, keeping proper records, and where the firm employs staff or is responsible for the conduct of business by others, should have adequate arrangements to ensure that they are suitable, adequately trained and properly supervised and that it has well-defined compliance procedures and risk management systems.
4. Financial Prudence
A firm must maintain adequate financial resources.
Commentary:
This Principle has little practical application to the Business of the firm, other than in relation to the business’ Solvency Requirement.
5. Market Conduct
A firm must observe proper standards of market conduct.
Commentary:
This Principle contains two separate provisions, the first dealing with the need to observe high standards of market conduct, the second, with compliance with certain external ‘codes or standards’. It imports the idea of high standards applying within a particular market, perhaps as a result of custom and practice.
In requiring compliance with external ‘codes or standards’, enable incorporation into the Principles such other ‘codes or standards’ to be achieved by a supplementary instrument of endorsement, made under the same powers as the Standards themselves. A likely candidate for endorsement is the British Code of Advertising Practice.
6. Customers’ interests
A firm must pay due regard to the interests of its customers and treat them fairly.
Commentary:
As an intermediary firm, the business must act in the interests of its customers at all times. Customer interests should not be compromised.
7. Communications with Clients
A firm must pay due regard to the information needs of its clients and communicate information to them in a way which is clear, fair and not misleading.
Commentary:
The information needed to enable a customer to make a balanced and informed decision will clearly depend on the nature of the customer, and on the nature of the advice given to him. In the relationship between a firm and a customer it advises, there is a division of responsibility for decision-taking with the firm taking responsibility for its advice and the customer taking responsibility for evaluating that advice and taking a decision on it. The greater the share of responsibility undertaken by the customer, the more it seems that the Principle would require him to be given information to enable him to take a balanced and informed decision.
The Principle has a direct association with any advertising with the over-riding intention that any promotional material must be clear, fair and not misleading.
8. Conflicts of Interest
A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.
Commentary:
Principle 8 clearly highlights the need to deal fairly in circumstances of Conflicts of Interest.
9. Customers: relationships of trust
A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment.
Commentary:
Principle 9 establishes a ‘know your customer’ requirement at the level of the Principles. Any advice given to a customer must take into account their personal and financial circumstances.
10. Clients’ Assets
A firm must arrange adequate protection for clients’ assets when it is responsible for them.
Commentary:
The firm is not authorised to handle client money, nor is it likely to hold client assets. It should be noted, however, that loan offers, policy documents and the like should be forwarded to customers in a timely fashion and that reasonable care should be taken with original documents such as birth certificates, passports and so on.
11. Relations with Regulators
A firm should deal with its regulators in an open and co-operative way and must disclose to the FCA, appropriately, anything relating to the firm of which the FCA would reasonably expect notice.
Commentary:
The general duty to deal in an open and co-operative manner is expanded by a more specific requirement for a firm to keep the regulator promptly informed of anything concerning the firm, which might reasonably be expected to disclose to it. This might cover changes in the firm’s ownership, impending litigation, which may adversely affect its Financial Resources, disciplinary action being taken elsewhere, and so on.
1.3 The Principles in relation to Approved Persons
Statement of Principle 1
An approved person must act with integrity in carrying out his accountable functions.
Statement of Principle 2
An approved person must act with skill, care and diligence in carrying out his accountable functions.
Statement of Principle 3
An approved person must observe proper standards of market conduct in carrying out his accountable functions.
Statement of Principle 4
An approved person must deal with the FCA and with other regulators in an open and cooperative way and must disclose appropriately any information of which the FCA would reasonably expect notice.
Statement of Principle 5
An approved person performing an accountable higher management function must take reasonable steps to ensure that the business of the firm for which they are responsible in their accountable function is organised so that it can be controlled effectively.
Statement of Principle 6
An approved person performing an accountable higher management function must exercise due skill, care and diligence in managing the business of the firm for which they are responsible in their accountable function.
Statement of Principle 7
An approved person performing an accountable higher management function must take reasonable steps to ensure that the business of the firm for which they are responsible in their accountable function complies with the relevant requirements and standards of the regulatory system.
- Covid-19 Appointment Risk Assessment
Covid-19 is a new illness that can affect your lungs and airways. It is caused by a virus called Coronavirus. Symptoms can be mild, moderate, severe or fatal.
Blue Moon Mortgages & Insurance Limited have and continue to operate under the instigated business continuity plan, following the Covid-19 restrictions announced by the Government, offering our clients the full range of financial services remotely. This has been successful and well received by existing and new clients and we will continue to operate in this manner for the foreseeable future.
Following the relaxation of the restrictions and requests from our clients for face to face meetings we have completed this risk assessment to ensure that we protect both our clients and our employees, removing where practicable all risks associated with a face to face consultation session.
This Risk Assessment is for the provision of clients visiting the office of Blue Moon Mortgages & Insurance Limited at the above stated address and is limited to the risks associated with such activities.
This risk assessment does not cover the client’s responsibilities and any actions required to fulfil their own obligations to comply with the measures in place at the time of the client’s visit to the above stated address, as these are considered out of the control of the Blue Moon Management team. Any reference to the client’s obligations and actions in this risk assessment are recommendations and are not the responsibility of Blue Moon Mortgages & Insurance Limited to audit or enforce.