

Privacy Policy
Why does this Policy exist?
Intelligent Funding Ltd Company Number 16417253 is committed to protecting the privacy of your personal information.
Intelligent Funding Ltd is the controller and responsible for your personal data (collectively referred to as "we", "us", “our” or "the company" in this privacy notice). This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
What does this Policy cover?
Our Policy explains our treatment of personally identifiable information which we gather from you, including during your use of our website and when you interact with us in other ways offline.
We gather various types of information from our users, as explained in detail below, and we use this information in connection with our services, including to personalise, provide and improve our services, to fulfil your requests for certain services and in some cases, to analyse how you use those services.
We may update our policies from time to time for any of the following reasons:
• to provide for the introduction of new or improved systems, methods of operation, services or facilities; to reflect an actual or expected change in market conditions or general banking practice;
• to comply with or anticipate any changes in any legal or regulatory requirement;
• to ensure that our business is run prudently;
• to make our policies clearer or more favourable to you; or to rectify any outdated information
You must not send us personal information about someone else without first getting the individual’s consent for it to be used and disclosed in the ways set out in our Policy. If you give us information (including personal information) on behalf of someone else, you confirm that the other person has given you permission to act on their behalf and has agreed that you can:
• provide their personal information to us;
• give consent on their behalf to the processing of their personal data;
• receive on their behalf any data protection notices; and
• give consent to the transfer of the individual’s personal data abroad should this be required
Where you provide information about someone else, or someone else discloses a connection with you, that information may be considered along with your other personal information when assessing your application to receive our services.
We record phone conversations to offer you additional security, resolve complaints, for staff training purposes and to improve our service standards.
How is your personal data collected?
This information will be collected primarily from you as information voluntarily provided to us on the basis that both parties are entering a contract for the supply of services.
We may also collect information where lawful to do so from (and combine it with information from) credit reference and fraud prevention agencies, public sources, third party service providers, tax, or law enforcement agencies and other third parties. Some of the personal information obtained from Credit Reference Agencies will have originated from publicly accessible sources.
Credit Reference Agencies draw on court decisions, bankruptcy registers and the electoral register (also known as the electoral roll).
Cookies
The company uses cookies and tracking code to collect information about website usage and to help manage the performance and design of the site. Cookies are files that store information on your hard drive or browser allowing our website to recognise that you have visited it before.
You can easily delete any cookies that have been installed in the cookie folder of your browser. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org Please be aware that restricting cookies may impact on the functionality of our websites. Please note that the use of any information we collect using cookies is subject to our Privacy Policy
What type of personal information do we collect?
The personal information we collect from you is used primarily to enable us to provide the specific service you require.
Personal information can include the following:
• your title, forename and surname and gender;
• your personal or work related (depending on which you choose to submit) e-mail address
• your personal or work-related contact details (depending on which you choose to submit) such as your telephone number(s), fax numbers and postal address;
• your date of birth and national insurance number; • your marital status;
• your residential status and address details for the last 3 years; • occupation, salary and annual income information;
• employment status;
• employer details and time periods in that occupation and with that employer and any other employers within a 3-year period;
• your bank details, including your bank name and address, sort code, account number, account name, account type and time at your bank;
• Health status and history, details of treatment and prognosis, medical reports;
• Any pre-existing investment, mortgage and/or finance products along with terms and conditions relating to these;
• personal information about your credit history which we obtain from Credit Reference Agencies including data which originates from Royal Mail (UK postal addresses), local authorities (electoral roll), the insolvency service, Companies’ House, other lenders and providers of credit (who supply data to the Credit Reference Agencies), court judgments decrees and administration orders made publicly available through statutory public registers (see the section on ‘Credit Reference Agencies’ below);
• your contact and marketing preferences;
• if you take a survey or interact with us in various other ways - demographics information and information about subjects that may interest you;
• information necessary for legal compliance;
• where you "like" us or make posts on our pages on social networking websites, such as Facebook, Twitter, YouTube and Instagram.
This information will be collected primarily from you as information voluntarily provided to us on the basis that both parties are entering a contract for the supply of services.
We may also collect information where lawful to do so from (and combine it with information from) credit reference and fraud prevention agencies, public sources, third party service providers, tax or law enforcement agencies and other third parties.
Some of the personal information obtained from Credit Reference Agencies will have originated from publicly accessible sources.
Credit Reference Agencies draw on court decisions, bankruptcy registers and the electoral register (also known as the electoral roll).
Special Category Personal Data
We may collect sensitive confidential data known as “special category personal data”, in the form of health information.
Where you ask us to assist you with for example 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 health and medical history (Your Special Data).
We will record and use Your Special Data in order to make enquiries 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.
Information on Special Category Data and Criminal Disclosures must be capable of being exchanged freely between intermediaries such as our principal, funders, and insurance providers, to enable customers to secure the important protection cover that their needs require.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter with you (for example, to provide you with services). In this case, we may have to cancel service you have with us, but we will notify you if this is the case at the time.
What other personal information do we collect and why?
In this section we explain the personal information we collect from you when you interact with us online and offline. Where we explain why we use this information, we have also referred to the relevant legal basis which we consider applies to the processing. Presenting the information in this way will make it easier for you to understand your rights in relation to your personal information, and this is explained further below in the section headed “Your rights to access your personal information”.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Consent: the individual has given clear consent for you to process their personal data for a specific purpose.
Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.
Legal obligation: the processing is necessary for you to comply with the law, (not including contractual obligations), anti-money laundering and any additional regulatory responsibilities.
Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.
Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)
We may use your personal information for the following Legitimate interests:
• to respond and/or deal with your request or enquiry
• to process and administer your application • to find the best source of finance based on your circumstances;
• to carry out searches at Credit Reference Agencies pre-application, at the application stage, and periodically after that, and when we share your personal information with Credit Reference Agencies
• to confirm your affordability for the financial requirement we are seeking finance for;
• to improve our products and services and to ensure that content from the websites is presented in the most effective manner for you and for your computer (or another electronic Internet-enabled device);
• to administer the websites;
• for internal record keeping;
• to contact you (directly, either by the Company or through a relevant partner or agent) by e-mail or phone for any of the above reasons;
• where necessary as part of any restructuring of the Company or sale of the Company's business or assets;
• to analyse trends and customer journeys in using and accessing our websites;
• to validate that any electronic or paper-training materials we provide to you are relevant to your business requirements;
• to perform a business health check, to help you define your business requirements;
• to visit your premises • to perform any contract we have with you or are arranging for you;
• subject to your consent where required under applicable laws, to carry out direct marketing and/or e-mail marketing;
This list is not intended to be exhaustive and may be updated from time to time as business needs and legal requirements dictate. Some of the personal information that we maintain will be kept in paper files, while other personal information will be included in computerised files and electronic databases.
Consent to Credit Search
To process your application, lenders/funders will need to perform credit and identity checks on you with one or more credit reference agencies (CRAs).
They may also make periodic searches at CRAs to manage your account with them.
To do this, we will supply your personal information to the funders we present your application to.
They will supply your personal information to CRAs who will give them information about you. This will include information from your credit application and about your financial situation and financial history. CRAs will supply to them both public (including the electoral register) and shared credit, financial situation and financial history information and fraud prevention information.
They will use this information to:
• Assess your creditworthiness and whether you, your financial associate(s), or your business can afford to take the product;
• Verify the accuracy of the data you have provided to us;
• Prevent criminal activity, fraud and money laundering;
• Manage your account(s);
• Trace and recover debts; and
• Ensure any offers provided to you are appropriate to your circumstances.
They will continue to exchange information about you with CRAs while you have a relationship with them. They will also inform the CRAs about your settled accounts. If you borrow and do not repay in full and on time, CRAs will record the outstanding debt. This information may be supplied to other organisations by CRAs.
When CRAs receive a search from the funder they will place a search footprint on your credit file that may be seen by other lenders.
If you are making a joint application or tell us that you have a financial associate or business partner, we will link your records together, so you should make sure you discuss this with them, and share with them this information, before lodging the application.
CRAs will also link your records together and these links will remain on your and their files until such time as you or your partner successfully files for a disassociation with the CRAs to break that link.
The identities of the CRAs, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail at these links:
https://www.experian.co.uk/legal/crain/
https://www.equifax.co.uk/crain/
Automated Processing / Automated Decision-Making
Automated decision-making takes place when an electronic system uses personal information to decide without human intervention. We are allowed to use automated decision-making in the following circumstances:
• where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights; or
• in limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
Many of our funders use auto scoring technology to underwrite deals. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
Does the Company share my personal information with third parties?
We will share your personal information with Moorgate Finance Ltd T/A MBN® and other third parties where required by law, where it is necessary to administer the contractual relationship with you or where we have another legitimate interest in doing so. Moorgate Finance Ltd privacy policy can be found here https://moorgatebrokernetwork.co.uk/moorgate-finance-privacy-policy/
We may disclose specific information upon lawful request by government authorities, law enforcement and regulatory authorities where required or permitted by law and for tax or other purposes.
In order to provide you with the financial products you have requested, we may share your personal information with our funders or other third-party finance companies. Upon request, we can provide you with a list of the usual finance companies that we might use in such circumstances or notify you in advance of approaching the finance company of which company we intend to use.
Third-party finance companies may use your personal details in the same ways and for the same purposes as set out in this policy.
Your personal information will be made available for the purposes mentioned above (or as otherwise notified to you from time to time); on a ‘need-to-know’ basis, to provide you with our professional services and third parties who we identify are able to assist us with your enquiry or application and support your needs as identified.
Third parties in this context means providers to the Company for responsible management, accounting, legal, logistics, audit, compliance, information technology, marketing and other services. This may also include providers of call centres, data storage and database hosting services, IT hosting and IT maintenance services. These companies may use information about you to perform functions on our behalf.
We may share personal information within the company as needed for reasonable management, analysis, planning and decision making, including in relation to taking decisions regarding the expansion and promotion of our product and service offering, customer request fulfilment and for use by those companies for the other purposes described in this Policy.
We will not sell your personal information to any third party other than as part of any restructuring of the Company or sale of a relevant Group business.
How long do we keep your personal information for?
Your personal data will not be kept for longer than is necessary to fulfil the specific purposes outlined in this Policy and to allow us to comply with our legal requirements.
The criteria we use to determine data retention periods includes the following:
Retention if you have enquired about a service or your application does not proceed with us.
We will retain your personal data for a reasonable period (up to 3 years) after you have enquired or requested a service from us;
Retention in case of claims.
We may retain it for the period in which you might legally bring claims against us (in the UK this means we will retain it for a minimum 6 years after the expiration of your contract or agreement) if and to the extent this is relevant; and
Retention in accordance with legal and regulatory requirements.
We will consider whether we need to retain your personal data after the period described above because of a legal or regulatory requirement. Some or all these criteria may be relevant to retention of your personal data collected in connection with our products and services.
International transfers
We do not transfer your personal data outside the European Economic Area (EEA).
Managing your marketing preferences
We may wish to provide you with information about new products, services, promotions and offers, which may be of interest to you. We may also invite you to take part in market research or request feedback on our services. This communication may occur by e-mail, telephone, post or SMS. We will seek your consent for this where necessary under DP Law.
You also have the right to ask us not to process your personal data for marketing purposes at any time. This means you can change your mind about receiving marketing communications from us when you have previously consented to this. You can opt-out of receiving such communications by emailing us nicole@intelligent-funding.co.uk at any time.
Please note that marketing communications are not the same as “information only” communications and that consents are not usually required for us to communicate with you about the products or services you have enquired about or have signed up to obtain, using contact details you have provided for this purpose.
Your rights to access your personal information
You have the right to:
• be informed about the collection and use of your personal data
• request copies of your personal information that we hold
• rectification, including to require us to correct inaccurate personal data
• have your personal data erased if:
- the personal data is no longer necessary for the purpose which it was originally collected or processed for
- we have processed the personal data unlawfully
- to comply with a legal obligation
• request we restrict the processing of your personal data in the following circumstances:
- the accuracy of your personal data is contested, and we are verifying the accuracy of the data
- the data has been unlawfully processed
- the personal data is no longer needed but you request us to keep it to establish, exercise or defend a legal claim
• data portability including asking us to send an electronic copy of your Personal Data to another organisation should you wish
• object to the processing of your personal data if it is collected for direct marketing pur poses, a public task, or legitimate interest only
• not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning or similarly significantly affecting you
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
To exercise any of your rights to access please contact Intelligent Funding Ltd Audby House, Audby Lane, Wetherby LS22 7FD
01937 413 888 nicole@intelligent-funding.co.uk
Your right to complain to the data privacy supervisory authority
Without prejudice to any other administrative or judicial remedy you might have, you have the right to lodge a complaint with the UK’s Information Commissioner if you consider that we have infringed applicable data privacy laws when processing your personal data. In the UK the Information Commissioner’s Office can be contacted using the following link: https://ico.org.uk/ and giving our ICO registration number ZB920836
Contact/address details
If you have any questions about this Policy, please contact us at
Intelligent Funding Ltd Audby House, Audby Lane, Wetherby LS22 7FD 01937 413 888 nicole@intelligent-funding.co.uk
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Terms of Business
By asking Us to quote for, apply or arrange Broker Services you acknowledge and agree they will be processed by Us in accordance with these terms.
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SCOPE
We are a credit broker and not a lender. We can introduce you to a panel of lenders.
Whichever lender you choose we receive commission from them (either a fixed fee or fixed % of the amount you borrow) and different lenders pay different rates.
For certain lenders, we do have influence over the interest rate, and this can impact the amount you pay under the agreement.
Whichever lender you choose we receive commission from them, and this is included in the amount you pay.
The commission is only payable by the Lender to us if you decide to accept the Finance Offer and proceed to enter into a Finance Agreement.
We agree to submit Lending Proposals to Lenders on behalf of you in order to procure so far as it can do so from such Lenders an offer of finance to you (“Broker Services”).
We offer a wide range of commercial financial products including: Leasing and Asset, Commercial Mortgages, Property Development finance, Cashflow Finance, etc.
We will source finance from the market that are suitable to the requirements you disclose to us.
We will advise and make a recommendation for you after we have assessed your needs.
We are not an independent financial advisor. We may advise you on the most suitable products, subject to your personal circumstances, though this may not be the full range available. You are not obliged to take our advice or recommendation and you should investigate other options before deciding whether to enter into a finance agreement.
When the preferred option has been agreed, we will provide you with information about the Finance Offer and the Lender to ensure you understand your responsibilities and commitments, before proceeding.
You wish to engage us for such Broker Services and are willing for the Lender to pay to us commission in relation to the provision of such Broker Services.
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STATUS DISCLOSURE
Intelligent Funding Ltd is an Appointed Representative of Moorgate Finance Limited T/A MBN®, which is Authorised and Regulated by the Financial Conduct Authority, firm reference number 662419. Our firm reference number is 1037532.
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DEFINITIONS
Advance Amount: The amount to be advanced to you by way of credit under a Finance Agreement following your acceptance of a Finance Offer and in relation to a Finance Agreement which is a hire agreement the total amount of the rentals due from you to the Lender under the Finance Agreement
Agreement: This document together with a Confirmation of Instructions and any other schedules and any other documents specifically referred to herein as being incorporated within this agreement between the Parties and as may be updated or amended from time to time in accordance with the terms of this agreement.
Broker Services: Our agreement to submit Lending Proposals to Lenders on behalf of you in order to procure so far as it can do so from such Lenders an offer of finance to you
Code of Practice: The Code of Practice of the regulators as may be amended or updated from time to time.
Commission: A sum of money that is paid upon completion of a task from a Lender
Completion: The date of your Finance Agreement with a Lender
Credit Search: Search carried out on your credit report to understand your financial behaviour.
Credit History: Record of your responsible repayment of debts.
Credit File: List of credit arrangements including bank and credit card accounts, loan agreements and/or utility company payment records.
Data Protection: The UK Data Protection Legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
FCA: Financial Conduct Authority – the conduct regulator for financial services firms and financial markets in the UK.
Fees: Appraisal, Broker Arrangement Fee or Renewal Fee as the case may be.
Finance Agreement: A loan, credit or hire agreement of any type which is entered by you with a Lender following the provision by us of the Broker Services
Finance Offer: An offer by the Lender to enter into a Finance Agreement with you including where such an offer is conditional or unconditional or a replacement of any Finance Offer previously made
Lender: Any creditor or owner to whom we have presented a Lending Proposal
Lending Proposal: A proposal presented by us to the Lender containing details of you and your finance needs
ML Regulations: Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 as may be updated or amended from time to time and any other relevant Directives, legislation or regulations which may be in place from time to time to prevent financial crime including the Bribery Act 2010.
Parties: Us the Broker and You the Client
Permitted Recipients: The Parties to this Agreement
Privacy Notice: A notice to you as required by UK Data Protection Legislation informing you how your Personal Data will be dealt with and informing you of their rights under UK Data Protection Legislation as may be amended or updated from time to time
Regulated Agreement: Agreement between two parties, one of whom (the debtor) is an individual, and the other of whom (the creditor) is "any other person", in which the creditor provides the debtor with credit not exceeding £25,000
The UK Data Protection: All applicable data protection and privacy legislation in force from time to time in the UK including the UK General Data Protection Regulation; the Data Protection Act 2018; the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended)
We, Our, Us: Intelligent Funding Ltd registered in England and Wales 16417253
You, Your: The Client
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INTERPRETATION
4.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
4.2. A reference to a Party includes third parties to which it has outsourced activities, agents, successors and permitted assigns.
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A reference to a statute or statutory provision is a reference to it as amended or re-enacted or updated. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
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Any words following the terms ‘including, include, in particular, for example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
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A reference to writing or written includes fax and email.
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References to clauses, schedules, appendices are, unless specified otherwise, references to clauses found in, schedules attached to or appendices attached to a Finance Agreement.
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Data Controller, Data Processor, Data Subject, European Economic Area, Personal Data, Sensitive Personal Data and Processing shall have the same meanings as in the Data Protection Legislation and Processed and Process shall be construed in accordance with the definition of Processing in such Data Protection Legislation.
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CREDIT AGREEMENTS (LOAN OR HIRE PURCHASE) USED TO FINANCE MOTOR VEHICLES
5.1. For Regulated Agreements used for the finance of motor vehicles you are aware that we are required to disclose the nature of Commission in our communications, as well as when making a recommendation to you. The existence and nature of Commission arrangements where the Commission varies depending on the Lender, product or other permissible factors will always be disclosed. The disclosure will also cover how the arrangements could affect our recommendations to You. Such disclosures will be included with any recommendation issued to You.
6. DOCUMENTATION FEES
6.1. Document and Option to Purchase Fees are charged by all finance companies but vary from Lender to Lender, details will be disclosed within your Finance Offer.
7. EARLY SETTLEMENT
7.1. All agreements are subject to early settlement charges, these differ depending on whether the agreement is regulated or non-regulated. Full details can be found within each lenders Terms & Conditions.
8. YOUR REPRESENTATIONS AND ACKNOWLEDGEMENTS
8.1 You represent and acknowledge that:
8.1.1. you have been advised by us to seek independent advice before signing any Financial Agreement;
8.1.2. we source Lending Proposals from a panel of lenders who will be supplied upon request
8.1.3. you are aware that Lenders may undertake a credit search to assess your credit history and that any search may appear on your credit file.
8.1.4. you have the authorisation to give consent to search, automate processing and marketing of all parties both individual and corporate associated in relation to the finance application and that the authorisation supersedes any previous permissions.
8.1.5. you are aware we may receive commission from a Lender for introducing you to them and you have no objections to us receiving this amount.
8.1.6. if you wish to receive further information concerning commission paid to us by the lender you can submit your request in writing;
8.1.7. you have read the terms and conditions of this Agreement and confirm that you wish to proceed to engage the Broker Services.
8.2. You agree to act with the utmost good faith in the provision of information to us to enable us to accurately complete the Lending Proposal. In addition, you acknowledge that:
8.2.1. the Lender is likely to make a Finance Offer relying on the information which is submitted to the Lender in the Lending Proposal by us, such information being given to us by you;
8.2.2. should such information be false, it may render any Finance Offer void and any Finance Agreement entered terminated;
8.2.3. you will not withhold any information from us which you know, or ought reasonably to know, would affect the Lender’s view of the Lending Proposal or of you themselves.
8.3. The duty set out in clause 8.1 is continuous and applies to all the information you provide, whether we have asked for it or whether you have provided it voluntarily.
8.4. You agree to take all reasonable steps and use all reasonable endeavours to comply with and satisfy any condition imposed by the Lender.
8.5. You agree to notify us at any time you intend to appoint an additional or alternative broker or intermediary to obtain an offer of finance for you whereupon we will be entitled, but not obliged, to terminate this Agreement forthwith.
9. RENEWAL OF THIS AGREEMENT
9.1. This Agreement will remain ongoing throughout your relationship with us or until such point we receive notice of termination.
10 TERMINATION OF THIS AGREEMENT
10.1. The Parties may terminate this Agreement by giving 30 days written notice to the other Party.
10.2. We may terminate this Agreement immediately at its reasonable discretion if you:
10.2.1. have provided false, fraudulent or misleading information to us either in the Confirmation of Instructions or at any other point in your communications with us or any Lender;
10.2.2. have breached any of the material terms of this Agreement;
10.2.3. have committed a minor breach of this Agreement but have failed to remedy such breach within 10 days of it occurring;
10.2.4. have been made bankrupt or entered into any arrangements with your creditors;
10.2.5. died;
10.2.6. refuse to accept on three or more occasions any reasonable Finance Offers which satisfy the Confirmation of Instructions;
10.2.7. breach the ML Regulations or any other financial crime legislation or regulation.
11. DATA PROTECTION
11.1. We will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to and does not relieve, remove or replace our obligations or rights under the Data Protection Legislation.
11.2. We acknowledge that for the purposes of the UK Data Protection Legislation when we are carrying out the Broker Services we are doing so as a Controller of your Personal Data and will act accordingly.
11.3. We agree that when sharing any Personal Data with a Lender we will ensure that the Lender has in place all appropriate technical and organisational measures to protect against unauthorised or unlawful handling of your Personal Data.
11.4. We will ensure that all our personnel who have access to and/or handle Personal Data keep the Personal Data confidential save to the extent that it is necessary to share such Personal Data in order to perform the Broker Services.
11.5. We agree that we will not transfer any of your Personal Data outside of the UK Economic Area.
11.6. We will maintain complete and accurate records and information to ensure that we can demonstrate our compliance with the Data Protection Legislation.
11.7. On termination of this Agreement for any reason we shall as soon as reasonably practicably return or destroy all Personal Data which we hold in relation to you save where it is legally obliged otherwise to do so.
11.8. We will provide you with a Privacy Notice which complies with the UK Data Protection Legislation and which advises you of your rights in relation to your Personal Data.
11.9. Our Privacy & Data Protection policy can be located here:
https://www.intelligent-funding.co.uk/privacy-policy
12. MONEY LAUNDERING
12.1. You agree to provide us with any documents we and/or a Lender requires in order to comply with the requirements of the ML Regulations including any identity documents.
12.2. You agree to comply with any other financial crime requirements that we, our finance partner or the Lender or any relevant authority or regulator may require from time to time.
13. AMENDMENTS & VARIATIONS TO THIS AGREEMENT
13.1. Any amendment or variation to this Agreement proposed by us shall take effect on the date specified unless in the meantime you notify us of any objection to the amendment or variation or requests an extension of time before such amendment or variation take effect. Thereafter any such amendment or variation will only take effect when the Parties have agreed it in writing.
13.2. Any amendment or variation to this Agreement proposed by you shall take effect only when accepted by us in writing.
14. ASSIGNMENT & THIRD-PARTY RIGHTS
14.1. Pursuant to the Contracts (Rights of Third Parties) Act 1999 no person shall be entitled to enforce the terms of this Agreement other than the Parties.
14.2. We may assign, sub-contract, novate, mortgage, declare a trust in or otherwise transfer or deal within any manner this Agreement or any of its rights or obligations under this Agreement and shall give reasonable notice to you upon any such occurrence. You may not make any assignment, sub-contract, novation, mortgage, trust or otherwise transfer your rights or obligations under this Agreement.
15. MISCELLANEOUS
15.1. The invalidity or unenforceability of any provision in this Agreement shall not affect the validity or enforceability of any other provision and any invalid or unenforceable provision will be deemed to be severed from this Agreement.
15.2. The release or the failure to enforce any of the provisions in this Agreement by us at any time or for any period will not release or exonerate or in any way affect the liability of you or constitute a waiver of any term of this Agreement.
15.3. Headings are inserted for reference only and shall not affect the construction of this Agreement.
15.4. This Agreement and any Schedules hereto constitute the entire agreement between the Parties.
15.5. We do not act as agent for you and nothing contained within this Agreement shall constitute, or be deemed to constitute, partnership or joint venture between the Parties hereto. 14.6. We will maintain professional indemnity insurance cover in respect of its business with and on standard terms offered by reputable insurers.
15.7. If we hold your money, it will be kept in a separate designated client account for the benefit of you.
15.8. You accept that we shall have no liability for any economic loss (whether direct, indirect or consequential) insofar as it relates in any way to loss of business, loss of Client data, interruption of business or loss of profits or goodwill because of the manner of performance by us of the Broker Services or any obligations arising under this Agreement. This exclusion of liability will not, however, otherwise affect any statutory rights of yours.
15.9. The Agreement shall be construed in accordance with English Law and the Parties irrevocably agree to submit to the exclusive jurisdiction of the English Courts.
16. COMPLAINTS
If you’re not completely happy with our service at Intelligent Funding Ltd, we want to assure you that we take all complaints seriously., we always encourage our customers to tell us about a complaint, so that we can put matters right.
To make a complaint, you can:
• Call us on 01937 413888. We are available from 9am to 5pm Monday to Friday (please note that we are closed on all UK public and bank holidays).
• Email us at enquiries@intelligent-funding.co.uk or directly to our Principal complaints@thembn.co.uk
• Write to: Intelligent Funding Ltd Audby House, Audby Lane, Wetherby LS22 7FD
We will aim to resolve your complaint within 3 working days following receipt and issue you with a written summary of our findings and conclusion and enclosing a copy of this guide.
If we cannot resolve your complaint within 3 working days following receipt, we will acknowledge your complaint promptly enclosing a copy of this guide and our understanding of your complaint.
We will endeavour to send you a Final Decision Letter; addressing your concerns and providing you with a decision within 8 weeks and keep you informed of the progress of your complaint if not resolved by 4 weeks and provide you with a copy of the Financial Ombudsman Service leaflet.
If we are still unable to complete our investigations after 8 weeks of your complaint being received you will be entitled to refer your complaint to the Financial Ombudsman Service who can be contacted at: The Financial Ombudsman Service, Exchange Tower, London, E14 9SR, Telephone 0800 0234 567 or via their website financial ombudsman.org.uk. We will provide you with a copy of the Financial Ombudsman Service leaflet.
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