(a) Website Disclaimer
These Terms apply to your use of our website. If you are not over 18 or not living in the United Kingdom you will not be able to use this website and you should not attempt to make an application, although subject to your acceptance of these Terms you should feel free to browse. If you do not agree to be bound by the Terms set out below you should not use this website.
Definitions
The following words have the following meanings:
"Terms" means these terms and conditions;
"Product Provider" means any mortgage lender, broker and administration provider, bank, building society or any other financial institution;
"Us/Our" means FairMortgages.co.uk which is a trading style of Fair Investment Company Limited;
"You" means the user of the website.
Copyright Trademark and site content
You acknowledge and accept that all copyright, trademarks and all other intellectual property rights in all material or content provided as part of the website belong to us, or a Product Provider. You may download material from this site for your own use only. No right, title or interest in any downloaded materials is transferred to you by such downloading.
Any other use of the material and content of the website is strictly prohibited and you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material except for the purpose of applying for shares or with our written consent.
Our Liability to you
While we will use all reasonable endeavours to ensure the accuracy of any information placed on the website, we make no representations or give any warranties of any kind with respect to this site or its contents and we disclaim all representations, except where fraudulently made, and warranties. In addition we make no representations or warranties about the accuracy or the information contained on this website. The information provided to you in connection with the products is provided by the Product Providers and you acknowledge that we have no liability to you with respect to the accuracy of such information. As we rely on information given to us by third parties there may be a time delay in keeping that information up to date. You should therefore check the accuracy of the information.
The website may only list the Product Providers with whom we have arrangements and may not cover all Product Providers in the market. These disclaimers do not attempt to disclaim liability for matters that cannot be excluded under any applicable English law or the rules of the Financial Conduct Authority.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be liable to you for any loss of content or material uploaded or transmitted through the website.
We cannot guarantee that a Product Provider will be able to provide a mortgage at any particular time. We do not accept any liability in the event of withdrawal of any offering of a mortgage or for rejection of your application by the Product Provider for any reason whatsoever.
Neither we, nor any of our directors, agents or employees will be liable for damages arising out of or in connection with your use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including, without limitation, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss or damage to property and claims of third parties. We do not exclude any liability for death or personal injury resulting from our negligence or that of our directors, agents or employees.
This website is designed to provide you with general information only and does not attempt to give you advice on any particular investment or to recommend any particular investment to you. If you have any doubt as to whether a particular investment is suitable for you, you should contact an Independent Financial Adviser.
Indemnity
In using this website, we require that you abide by these Terms. If you fail to abide by them, and this failure causes us to suffer a claim, action, liability, or loss because of your failure to abide by these Terms, you agree to indemnify us, on demand, for all costs and expenses, including legal fees, which arise out of your failure to abide by these Terms.
Our Rights
We reserve the right at any time to modify or withdraw, temporarily or permanently, the website or any part of it without notice to you and we will not be liable to you in any way for any modification or withdrawal of the website. We also reserve the right to modify these Terms without reference to you.
We reserve the right at any time to refuse to process a transaction for any reason. We will not be liable to you or any third party by reason of our failing to process a transaction.
By making an enquiry for any mortgage product you expressly authorise us to transmit information or to obtain information about you from third parties from time to time, including but not limited to your credit reports, in order to authenticate your identity.
Third Party Links
In the event that there are third party links to other websites for your convenience, you acknowledge and agree that we are not responsible for the availability or functionality of such external sites. We do not endorse the content of any external sites and are not responsible or liable, directly or indirectly, for any loss however caused to you by your use of any external site.
Miscellaneous
The information on this website is for residents of the UK only.
We shall not be liable to you where performance of any of our obligations to you is prevented, frustrated or impeded by any circumstance or cause beyond our control.
If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms shall not be affected and shall remain in force.
These Terms shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction over any disputes between us.
(b) Privacy Statement
Your Personal Data – what is it?
Personal Data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the Data Controller’s possession or likely to come into such possession. The processing of Personal Data is governed by the General Data Protection Regulation 2016/679 (the “GDPR”) [1].
Who are we?
Fair Investment Company Limited is the Data Controller (“we”, “us”). This means they decide how your Personal Data is processed and for what purposes.
How do we process your Personal Data?
We comply with our obligations under the GDPR by keeping Personal Data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting Personal Data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect Personal Data.
We use your Personal Data for the following purposes: -
1. To provide our advice and implementation service in respect of financial products, such as mortgages, commercial loans, life assurance and investments.
2. To keep in contact with our clients about products and services which we believe may be of value to them.
3. To inform people of our business and its activities
What is the legal basis for processing your Personal Data?
Article 6 Processing
1. Consent of the Data Subject, where we are marketing to the public. (needs to be an opt in method)
2. Processing is necessary for the performance of a contract with the Data Subject or to take steps to enter a contract; where we have been engaged to provide financial services.
Article 9 Processing
1. Explicit consent of the Data Subject; where we wish to tell people about events, news, services
2. Processing is necessary for the establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity;
Sharing your Personal Data
Your Personal Data will be treated as strictly confidential and will be shared only with Fair Investment Company Limited and providers of financial service products, third-party data storage providers and legal or regulatory authorities if obliged to do so.
We keep your Personal Data for no longer than reasonably necessary and we only retain your data for servicing the financial services provided where agreed and in case of any legal claims and for regulatory purposes.
Credit Reference Agency Data
At this company, we help customers obtain finance by several means. In order to get a picture of your true credit position, we access and search your credit file with a credit reference agency.
We believe in informing customers at all stages about searches we carry out and we will seek your permission to complete these when they become necessary.
If you wish to know how the credit reference agencies will treat your data, please see their policies via these links:
Call Credit: www.callcredit.co.uk/crain
Equifax: www.equifax.co.uk/crain
Experian: www.experian.co.uk/crain
Your rights and your Personal Data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your Personal Data: -
· The right to request a copy of your Personal Data which we hold about you;
· The right to request that we correct any Personal Data if it is found to be inaccurate or out of date.
· The right to request your Personal Data is erased where it is no longer necessary for us to retain such data.
· The right to withdraw your consent to the processing at any time.
· The right to request that the Data Controller provide the Data Subject with his/her Personal Data and where possible, to transmit that data directly to another Data Controller.
· The right, where there is a dispute in relation to the accuracy or processing of your Personal Data, to request a restriction is placed on further processing.
· The right to object to the processing of Personal Data.
· The right to lodge a complaint with the Information Commissioners Office.
Further processing
If we wish to use your Personal Data for a new purpose, not covered by this Data Protection Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.
What are "cookies" and how we use them?
For each new visitor to the website we automatically log certain information about how you are using our website. If your computer browser is set up to accept them, we use a feature known as a "cookie" which contains information that is stored on your computer hard drive for record keeping purposes. Cookies allow us to make our website more useful based on stored information about your preferences when you visit our website. If you do not wish for information to be recorded in this way, you are able to configure your browser to refuse cookies or to notify you when you have received one. You can do this for example on Internet Explorer by clicking "tools", go to "Internet Options", go to the "Privacy" tab and select "Block" for "first party cookies" and then "Block" again for "third party cookies" and un-check "always allow session cookies".
We use Google analytics to analyse visitor behaviour on our website. This analytical system generates data about visitor behaviour by using cookies which are stored on users' computers. The information generated relating to the use of our website is used to create reports that are used internally by the Company. Google stores this information. For further information about Google's privacy policy go to http://www.google.com/policies/privacy/
Where is your data stored?
Fair Investment Company Ltd is the registered data controller of your personal data for the purposes of the Data Protection Act 1998.
All personal data provided by you is held securely and in confidence by us in our computerized records. You have the right to inspect the data we hold about you at any time. If you wish to do so, please write to the Compliance officer at:
The Compliance Officer
Fair Investment Company Ltd
Kings House
14 Orchard Street
Bristol
BS1 5EH
