20. Data protection & Declaration

Use of Information
How we use your Personal Information
By signing this declaration as Applicant, Borrower or Guarantor you are consenting to the lender, the lender’s associates, agents and affiliates (including group companies) and other lenders introduced by us, retaining records of the information you provide or which we obtain through our dealings with you or in connection with your account, being held by us even if your application does not proceed to completion. That information may also be held and used for the same purposes by any third party to whom we may transfer the benefit of our interests in any mortgage loan made.

Information uses
• We will use this information to help us provide you with the services you are applying for, to update or enhance our customer records, and for account administration.
• We will make such enquiries, as we consider necessary for the purposes of confirming the accuracy of the information provided by you.
• We and the lenders introduced by may make searches about you at credit reference agencies who will supply us with credit information, as well as information from the Electoral Register. The agencies will record details of the search whether or not this application proceeds. Information held about you by the credit reference agencies may already be linked to records relating to one or more of your partners. For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any “associated” records. An association will be made at the credit reference agencies between any joint applicants to this application, which will link your financial records. You and anyone else you have a financial link with understand that each other’s information will be taken into account in all future applications by either or both of you. This linking will continue until one of you successfully files a “disassociation” at the credit reference agencies.
• We may check your details with fraud prevention agencies. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies and other organisations involved in fraud prevention. Law enforcement agencies may access and use this information.

Information disclosures
We may pass on your information to:
• any of our associates, agents and affiliates (including group or linked companies) and lenders introduced by us
• any third party to whom we may transfer the benefit of our interests in any mortgage/loan/investment made, including group companies of such third party;
• other organisations which might assist us in processing your application or administering your mortgage/loan/investment;
• any insurance company/local authority to which you may make an application for a guarantee with this loan;
• your solicitor, financial adviser, any organisation that introduced you to us and any other of your professional advisers;
• the person who values any property which is security for the mortgage/loan/investment,
• other persons who we, in our absolute discretion, consider necessary for the efficient processing of your application, including disclosure in marketing literature, websites or similar promotional material.

Declarations
Mortgage/Loan/Investment Application Declaration
You confirm to us and lenders introduced by us and any third party to whom it may transfer the benefit of its interests in any mortgage loan made that:
• You are at least 18 years old and will supply any evidence of your identity and address which we request.
• You consent to us transferring or otherwise disposing of the benefit of any loan, mortgage or any security for the loan to any third party without any further reference to you and that you have read and understand the note about ‘Transfers of Mortgage/Loan/Investment’ set out below.
• You have completed the application form, or where it has been completed on your behalf, that you have checked the information and it corresponds with the information you have provided. You will inform us immediately if any of this information or any circumstances surrounding your application change before we make any mortgage/loan/investment to you.
• The information you have given us on this application form is true and you agree it will form the basis on which we may make or arrange any mortgage/loan/ investment.
• You will pay our costs in connection with this application whether or not a loan is made and you understand that they are non-refundable.
For limited company applications, in your capacity as a director and a guarantor, you also confirm that:
• You are the only director of the company or each of the persons signing below is a director and together you are the only directors, and
• The company has the power to borrow the loan applied for and to mortgage the property(ies) described in the application as security.
• Fraud & Criminal Convictions
• All Borrowers and Guarantors MUST declare any criminal convictions, allegations of criminal activity, charges pending or other actions or allegation of a similar nature.
• Furthermore you must declare any allegations of fraud, fraudulent misrepresentation, embezzlement or breach of fiduciary duty including (without limitation) any allegation of fraudulent or wrongful insurance claims, regardless of whether these resulted in a civil or criminal investigation or claim.

By checking this box you agree to the terms and conditions outlined below

The Parties hereto mutually and voluntarily agree as follows:-

1.1. The Parties and / or their affiliates of what-so-ever nature shall not, in any manner, solicit and / or accept any business from sources that have been made available by and through the Parties hereto

1.2. The Parties shall maintain complete confidentiality regarding each other’s business and / or their affiliates and shall only disclose knowledge pertaining to these to specifically named Parties as permitted.

 1.3.    The Parties shall not in any way what so ever circumvent each other and / or attempt such circumvention of each other and / or any of the Parties involved in any transaction the parties wish to enter and to the best of their abilities shall ensure that the original transaction codes, dates and priority information established are not altered.

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