PRIVACY NOTICE

This is the privacy notice of Try Financial Limited. In this document, "we", "our", or "us" refer to Try Financial Limited or our trading style Try Financial Limited.

 

 

INTRODUCTION

1. This is a notice to inform you of our policy about all the information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.

2. If there are one or more points below with which you do not agree with, are unsure about, you should advise us immediately and we can provide an explanation as appropriate.

Try Financial Limited undertakes to meet its obligations under the Data Protection Act, the Privacy and Electronic Communications Regulations and the EU General Data Protection Regulation (GDPR).

WHO WILL PROCESS INFORMATION ABOUT YOU?

Your Personal Information will be initially processed by Try Financial Limited who will process your personal data in accordance with this Privacy Notice

WHY IS YOUR PERSONAL INFORMATION REQUIRED?

Your Personal Data is essential to enable us to take steps at your request prior to entering into a contract, or to perform such a contract. This may include reviewing assets and liabilities, bank account validation, identity and age 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.

WHAT HAPPENS IF WE WANT TO PROCESS YOUR INFORMATION FOR OTHER REASONS?

Though there are some legal exceptions, if we wish to process your personal data for any other unrelated purpose than those we have informed you about we will notify you.

WHAT ARE THE CONSEQUENCES IF YOU DO NOT WISH TO PROVIDE YOUR PERSONAL INFORMATION?

Your Personal Data is essential to enable us to take steps at your request prior to entering into a contract, or to perform a contract to which you are a party. Without this information, we will not be able to proceed to provide any financial service.

WHAT MAKES THE PROCESSING LAWFUL?

Because the processing is necessary:

• For the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
• For compliance with a legal obligation to which we are subject;
• For the Performance of a task carried out in the public interest;
• For the purposes of the legitimate interests pursued by us.

KEEPING YOUR INFORMATION UP TO DATE

We will record your information exactly as you provide it. You may ask us to update it at any time and we will action your request promptly and where possible notify relevant third parties of any changes,

WHAT ABOUT SENSITIVE PERSONAL DATA?

Unless we are processing because it is necessary for reasons of substantial public interest, we will only process sensitive personal data, such as data concerning health, with your explicit and informed consent for specific and informed consent for specific processing activities. In such cases you will be asked to sign a separate consent form to evidence this and that you understand the purpose(s) of the processing of such data. Your consent may be withdrawn at any time.

HOW WILL WE FURTHER USE YOUR PERSONAL INFORMATION (OUR LEGITIMATE INTERESTS)?

• To contact you to ensure that our records of your personal information are correct'
• To respond to questions or complaints you have about our services
• To update you with changes in our terms;
• For statistical or research analysis relating to the performance of our business or that of our Principal and understanding the needs of our clients;
• To review, improve and develop services we offer or handle complaints;
• To pursue debts or unpaid fees;
• To evidence company practices;
• To evidence the standards and processes carried our conform to the company's ethical standards and expectations;
• For direct marketing activities
• To protect the business from risks which might be introduced by an individual.

You have the right to object to processing for these purposes and we shall cease unless we can show we have compelling legitimate grounds to continue.

PROCESSING WHEN PERFORMING A TASK CARRIED OUT IN THE PUBLIC INTEREST

We will use the information provided to protect members of the public against dishonesty, money laundering or fraudulent activities. This must necessarily be carried out without your explicit consent to ensure this function is not prejudiced. Part of this processing involves verifying your identity using third parties such as GB Group PLC or CreditSafe BusinessSolutions Ltd

WHAT INFORMATION IS REQUIRED?

We only collect information that is necessary to carry out the purposes listed above. This includes information you supply and data we receive from reference agencies. Where practical and lawful e will inform you about any personal data we receive about you from third parties that you may be unaware of.

HOW SECURE WILL YOUR DATA BE?

We will ensure that your data is only accessible to authorised people in our firm and will remain confidential at all times. Appropriate security measures will be in place to prevent unauthorised access, alteration, disclosure, loss, damage, or destruction of your information. If we have a contract with another organisation to provide us with services or a service on our behalf to process your personal information, we'll make sure they give reassurances regarding appropriate security measures in place and only process your information in the way we've authorised them to. These organisations won't be entitled to use your personal information for their own purposes. If necessary our security team will check them to make sure they meet the security requirements we've set.

WILL WE SHARE YOUR INFORMATION WITH ANYONE ELSE?

We may share your information with:

• Appropriate staff such as those who carry our financial or compliance functions.
• Organisations that need your information because we are required to provide it by law (e.g. The FCA, Ombudsman Services, HMRC etc).
• Organisations that carry out credit references or identity checks such as GB Group PLC or CreditSafe Business Solutions Ltd. These organisations may keep a record of the information and may disclose the fact that a search of its records was made to its other customers for the purposes of assessing the risk of giving credit, to prevent fraud and to trace debtors.
• Sometimes other authorised firms with specialist advisers, such as pension specialists, who assist us in providing suitable financial advice and services. You will be provided with their details if this applies.
• Law enforcement agencies, courts or other public authorities if we have to, or are authorised to by law.
• Product providers we use to provide financial services or for direct marketing (see below).
• Where we or our Principal go through a business transaction, such as a merger, being acquired by another company or selling a portion of its assets, your information will, in most instances, be part of the assets transferred.

TRANSFERRING DATA OUTSIDE THE EUROPEAN UNION

We do not usually transfer any of your personal data outside of the EU except when we need to perform pre-contractual measures (credit and identity checks) or because the checks we request are necessary for important reasons of public interest. Some companies, like Creditsafe Business Solutions Ltd, may transfer data outside of the EU to countries which do not, in the view of the EU Commission, offer an adequate level of protection. In such cases, Creditsafe encrypts any data it sends to other agencies and only transfers information necessary to carry out checks.

(A list of countries used to perform checks include Germany, Netherlands,  Belgium, France, Sweden, Norway, Finland, Luxembourg, Switzerland, Liechtenstein, Spain, USA, Estonia, Latvia, Lithuania, Poland, Slovakia, Czech Republic, Hungary, Slovenia, Bosnia, Serbia, Montenegro, Croatia, Macedonia, Kosovo, Albania, Bulgaria, Romania, Ukraine, Austria, Denmark, Moldova, Portugal, Italy, Canada, Brazil, Greenland, China, India, Australia, Russia, South Korea, Taiwan, Mexico, South Africa, New Zealand, Hong Kong, UK.)

WHAT ABOUT DIRECT MARKETING

We will use the information provided now and in the future to carry out direct marketing activities as these are legitimate interests pursued by us. Sometimes this includes with your consent, sharing data with product providers for their marketing activities. You can choose which method you'd prefer us to use to contact you (by email, telephone, SMS or post) and you have the right to object at any time to the use of your personal data for this purpose and we will cease marketing activity. Just let the person who gave you this form know about your preferences.

AUTOMATED DECISION-MAKING PROCESSES

We sometimes us automated processes when making decisions but you will not be subject to a decision based solely on automated processing, including profiling.

TELEPHONE CALL RECORDING

In line with The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 we may record incoming or outgoing telephone conversations for the following purposes.

• Establishing facts and evidence for business transactions;
• Ensuring compliance with regulatory or self-regulatory practices;
• Ascertaining and demonstrating that standards are being met;
• Preventing and detecting crime;
• Investigating or detecting the unauthorised use of that or any other telecommunication system;
• Safeguarding the effective operation of the telecommunications system.

HOW LONG WILL WE KEEP YOUR INFORMATION FOR?

The Financial Conduct Authority lays down rules relating to how long information should be held for and we will keep your information to meet those requirements. We will not keep your information for longer than necessary.

REQUESTING A COPY OF THE INFORMATION WE HOLD

You may at any time ask for a copy of the information we hold about you - it is your legal right. We will provide you with a copy of any non-exempt personal information within one month unless we ask you for an extension of time. To protect Your Personal Data, we will ask you to verify your identity before we release any information. We may refuse your request if we are unable to confirm your identity.

IMPORTANT RIGHTS

You have the right, on grounds relating to your situation, at any time to object to processing which is carried out as part of our legitimate interests or in the performance of a task carried out in the public interest. We will no longer process your data unless we can demonstrate there are compelling legitimate grounds which override your rights and freedoms or unless processing is necessary for the establishment, exercise or defense of legal claims.

You have the right to object at any time to processing your personal data for marketing activities. In such a case we must stop processing for this purpose.

WHAT ARE YOUR OTHER LEGAL RIGHTS?

In addition to the rights above the additional following rights:

• Where you have given consent, you have the right to withdraw previous consent to processing Your Personal Data at any time;
• You have the right to request from us, access to and rectification or erasure of personal data or restriction of processing concerning your data;
• You have the right to receive data you have provided to us in a structured, commonly used and machine-readable format;
• You have the right to lodge a complaint with the regulator (see below).

To exercise any of these rights please contact us (details below)

HOW TO CONTACT OUR DATA PROTECTION OFFICER

You can contact our data privacy office/data protection officer* about any data protection or marketing issues:

By writing to:

The Data Protection Officer,
Unit 6, Cristal Business Centre,
Knightsdale Road
Suffolk
IP1 4JJ

 

By telephone: 01473 462288

HOW DO YOU MAKE A COMPLAINT TO THE REGULATOR

By writing:

Information Commissioner's Office,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire,

SK9 5AF

By telephone: 0303 123 1113

By emailing: casework@ico.org.uk

By using their website: https:ico.org.uk/for-organisations/report-a-breach

 

1. DEFINITIONS.

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

• Enquiry or Application means all enquiries or applications for a Mortgage or Commercial or Non-Regulated Bridging Loan product submitted by you on behalf of a client.
• Name and number means contact information for the purpose of any Secured Loan or Regulated Bridging Loan
• 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.
• GDPR means General Data Protection Regulation – applicable from 25th May 2018.
• FCA means the Financial Conduct Authority.
• Intellectual Property means any patent, copyright, registered design, unregistered design right, trademark 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 Try Financial Limited trading as Try Specialist Finance registered in England and Wales (registered number 679270). Registered Address: Cristal Business Centre, Unit 6,47 Knightsdale Road, Ipswich, Suffolk, IP1 4JJ.

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. By registering on TrySF you agree to these terms and Conditions of business. 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 the 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.

2.8 Any client that is introduced to Try SF as an enquiry or application, will be retained by you. TrySF will not attempt to contact the client or offer any services to said client. This will be your responsibility as the advising broker.

 

 

3. YOUR DUTIES.

3.1. You warrant and represent that you:
3.2. will obtain the client’s authorisation to be their agent prior to submitting an enquiry or application to us and you acknowledge that you may not submit these without such authorisation from the client;
3.3. hold all relevant legal, regulatory, and other authorisations necessary for carrying out your business and for referring enquiries and applications to us;
3.4. 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.
3.5. will act diligently and in good faith in all your dealings with us and the clients.

and

3.6. You undertake:
3.7. 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 us in order to process an enquiry/application.
3.8. that you will maintain the confidentiality of any username and password used by you in our system, TrySF.
3.9. 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;
3.10. to use best endeavours to ensure that information provided to us is true, accurate and complete in all material respects.
3.11. to keep all details of clients up to date;
3.12. 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.
3.13. that you will promptly notify us of any material matters relating to your business (including without limitation 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.
3.14. that you will not seek to entice any of our employees (or agents) to enter into your employment or agency during the term of this agreement or for a period of 12 months thereafter.

3.15. You agree to inform us immediately in writing if:
3.16. You cease to act on behalf of a client;
3.17. 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.
3.18. You become aware of any unauthorised use of any username or password;
3.19. You become aware or believe that any information provided in or as part of an application is or may become untrue or incomplete; or
3.20. 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 is 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.

4.5. TrySF recommends that your clients should not instruct solicitors and incur costs until the case has been fully agreed by the lender in question and we have advised it is now suitable to instruct solicitors.

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 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 designated 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:
5.3. We are notified in writing, or it is reasonable to infer, that you are no longer validly acting on behalf of the client; or
5.4. We are prevented from making payments by the operation of any law or regulation.

5.5. 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.

5.6. 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:
7.2. 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 thereof) and any of our requirements from time to time notified to You; and provide a copy /copies to us as required.

 

8. CONFIDENTIALITY AND DATA PROTECTION.

8.1. All the information supplied to us in connection with an application will be held on computer and will comprise personal data (as defined by the DPA / GDPR). 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.

8.2. You warrant, represent, and undertake to us that, prior to communicating a client’s personal and/or sensitive data:
8.3. You will draw the information in relation to data protection and which appears on any relevant document to the client’s attention and make the client aware of the purposes for which we will process personal data and to whom that data may be disclosed; and
8.3. You will obtain the client’s consent to such use of their personal information.

8.4. 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.

8.5. We and you confirm to each other that we are notified under the DPA / GDPR and each agrees at all times to comply with the provisions of the DPA / GDPR. You also confirm that you have, and will maintain, suitable systems and processes to ensure compliance with this regulation. You warrant that you can provide confirmation if required to do so.

8.6. Please note that telephone calls are recorded or monitored for security or training purposes.

9. INDEMNITY AND LIMITATION OF LIABILITY.

9.1. 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 continuing to apply after termination of these terms, for whatever reason.

9.2. We will only be liable to you for losses arising directly because 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.

9.3. 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.

10. VARIATION.

10.1. 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.

11. TERMINATION.

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

11.2. We may terminate the agreement on these terms with immediate effect on the occurrence of any one or more of the following:
11.3. Any material breach by you or any person or body for which you are responsible for any of the provisions contained within these terms;
11.4. 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;
11.5. You cease to be appropriately authorised;
11.6. cessation or suspension or intended cessation or suspension of your operation or in any circumstance wherein our reasonable opinion it is likely to affect materially Your ability to perform your obligations under these terms; or
11.7. 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.

11.8. 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.

11.9. Upon termination, you will:
11.10. not proceed any further with any application and shall cease all promotion of our business or the products offered by us.
11.11. 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.

12. NOTICES.

12.1. Any notice under these terms shall be in writing and may be served by sending the notice (1) by 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 (2) 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:
12.2. first class prepaid post, 48 hours from the time of posting; and
12.3. by email upon completion of transmission, subject to non-receipt of notification of failure of transmission.

13. GENERAL.

13.1. 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.

13.2. 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.

13.3. 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.

13.4. 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.

13.5. The parties do not intend that any term should be enforceable because of the Contracts (Rights of Third Parties) Act 1999 or otherwise by any person who is not party to these terms.

13.6. If 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.

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

13.8. 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.

 

 

For this agreement the following submission routes apply:

Mortgages, Buy to Let, Commercial and Non-Regulated Bridging can be packaged or name and number.

Regulated Bridging and

Secured Loans is name and number only.