Data Privacy Notice
We take your privacy very seriously and we ask that you read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use and share personal data, your rights in relation to your personal data and on how to contact us and supervisory authorities in the event you have a complaint.
Italicised words in this privacy notice have the meaning set out in the Glossary of Terms at the end of this document.
Foxgrove Associates Limited collects uses and is responsible for certain personal data about you. When we do so we are required to comply with data protection regulation and we are responsible as a data controller of that personal data for the purposes of those laws.
When we mention “Foxgrove Associates”, “we”, “us” or “our” we are referring to Foxgrove Associates Limited.
Foxgrove Associates Limited is a company registered in England and Wales (company number 07307932) whose registered office is at Airport House, Suite 43 – 45, Purley Way, Croydon, Surrey, CR0 0XZ.
Foxgrove Associates Limited is authorised and regulated by the Financial Conduct Authority. Foxgrove Associates Limited Financial Services Register Number is 625105.
We provide you with intermediary services in relation to products, which may include investments, pensions, mortgages, protection and general
WHO WE ARE
• contact information
• identity information
• financial information
• employment status
• lifestyle information
• health information
• data about criminal convictions or offences
• details of any vulnerability
• details of your dependents and/or beneficiaries under a policy (If you are providing information about another person we expect you to ensure that they know you are doing so and are content with their information being provided to us. You might find it helpful to show them this privacy notice and if they have any concerns please contact us in one of the ways described below.)
• product details
THE PERSONAL DATA WE COLLECT AND USE
Rationale/Reason for Processing Lawful Basis for Processing Third party recipients linked to that activity
• to provide you with intermediary services Performance of a contract Bankhall Support Services
• to apply for decisions in principle for mortgage products
and/or quotations for protection and/or general insurance products on your behalf
• to apply for products on your behalf Performance of a contract Lenders, product providers
• to refer you to third party advisers to provide you with advice in relation to: Second Charge Mortgages,
Commercial Mortgages, Bridging Loans, Overseas Mortgages, Occupational Pension Transfers (inc. Defined
Benefit and Schemes with Safeguarded Benefits), Private Medical Insurance Consent Various third party firms with the
appropriate qualifications and FCA permissions to provide you with advice in areas where we are not authorised. We will
seek your consent and provide you with the third party’s details before making the referral.
• to retain records of any services or advice provided to you by us in order to defend potential legal claims or
complaints Legitimate interests External supplier(s) of data storage and data hosting services to retain records on our
• to provide you with details of products and services from us and third parties that may be of interest to you in accordance with your preferences.
For more information see ‘Marketing’ below
We also obtain personal data from other sources in the course of providing our intermediary services. Where we obtain this information from another party it is their responsibility to make sure they explain that they will be sharing personal data with us and, where necessary, ask permission before sharing information with us.
The personal data we obtain from other sources may include the following:
• From lenders and/or product providers:
– product details
• From identification and verification checking agencies:
– identity information
– sanction check information
INFORMATION COLLECTED FROM OTHER SOURCES
The below table sets out:
• how we use your personal data
• the lawful bases upon which we collect and use your personal data
• who we routinely share your personal data with
HOW WE USE YOUR PERSONAL DATA
Certain types of personal data are considered more sensitive and so are subject to additional levels of protection under data protection legislation. These are known as ‘special categories of data’ and include data concerning your health, racial or ethnic origin, genetic data and sexual orientation. Data relating to criminal convictions or offences is also subject to additional levels of protection.
We may process:
• health information and lifestyle information when providing intermediary services in relation to a protection insurance product; and/or
• criminal conviction or offence information when providing intermediary services in relation to a general insurance product
In addition to the lawful basis for processing this information set out in the above table, we will be processing it either (i) for the purpose of advising on, arranging or administering an insurance contract or (ii) for the establishment, exercise or defence of legal claims. In the course of our activities relating to the prevention, detection and investigation of financial crime, we may process criminal conviction or offence information. Where we do so, in addition to the lawful basis for processing this information set out in the above table, we will be processing it for the purpose of compliance with regulatory requirements relating to unlawful acts and dishonesty.
SPECIAL CATEGORY DATA
We may use personal data we hold about you to help us identify, tailor and provide you with details of products and services from us that may be of interest to you. We will only do so where we have obtained your consent and then have a legitimate business reason to do this and will do so in accordance with any marketing preferences you have provided to us. In addition, where you provided your consent, we may provide you with details of products and services of third parties where they may be of interest to you.
You can opt out of receiving marketing at any time. If you wish to amend your marketing preferences please contact us:
By phone: 01732 746188
By email: email@example.com
By Post: Foxgrove Associates Limited, First Floor, The Old Harpsichord Factory, 2a Bradbourne Road, Sevenoaks, Kent, TN13 3PY
In addition, you can opt out of receiving marketing at any time by clicking the ‘unsubscribe’ link at the bottom of every email.
We will tell you if providing some personal data is optional, including if we ask for your consent to process it. In all other cases you must provide your personal data in order for us to provide you with intermediary services.
WHETHER INFORMATION HAS TO BE PROVIDED BY YOU, AND IF SO WHY
We will hold your personal data for differing periods of time depending upon the reason we have for processing it. These retention periods are set out below.
HOW LONG YOUR PERSONAL DATA WILL BE KEPT
Type of Record Retention Period
Evidence of customer due diligence (e.g. copies of passports / source of wealth etc) and supporting records in
respect of a one-off transaction 5 years (in line with Money Laundering Regulations (MLR 2017)
Evidence of customer due diligence (e.g. copies of passports / source of wealth etc) and supporting records in
respect of an ongoing business relationship 10 years (in line with Money Laundering Regulations (MLR 2017)
Documentation and relevant records supporting the advice process for investments, personal pensions,
stakeholder pensions, life policies
At least 5 years
Documentation and relevant records supporting the advice process for pension transfer, pension conversion,
pension opt-out or FSAVC, whole of life assurance
Documentation and relevant records supporting the advice process for regulated mortgage contracts, high net
worth mortgage customers, professional customers,
At least 3 years
We will not transfer your personal data outside of the European Economic Area or to any organisation (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
TRANSFER OF YOUR INFORMATION OUT OF THE EEA
You have legal rights under data protection regulation in relation to your personal data. These are set out under the below headings:
• To access personal data
• To correct / erase personal data
• To restrict how we use personal data
• To object to how we use personal data
• To ask us to transfer personal data to another organisation
• To object to automated decisions
• To find out more about how we use personal data
We may ask you for proof of identity when making a request to exercise any of these rights. We do this to ensure we only disclose information or change your details where we know we are dealing with the right individual.
We will not ask for a fee, unless we think your request is unfounded, repetitive or excessive. Where a fee is necessary, we will inform you before proceeding with your request.
We aim to respond to all valid requests within one month. It may however take us longer if the request is particularly complicated or you have made several requests. We will always let you know if we think a response will take longer than one month. To speed up our response, we may ask you to provide more detail about what you want to receive or are concerned about. We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are otherwise legally entitled to deal with the request in a different way.
To access personal data
You can ask us to confirm whether or not we have and are using your personal data. You can also ask to get a copy of your personal data from us and for information on how we process it.
To rectify / erase personal data
You can ask that we rectify any information about you which is incorrect. We will be happy to rectify such information but would need to verify the accuracy of the information first.
You can ask that we erase your personal data if you think we no longer need to use it for the purpose we collected it from you.
You can also ask that we erase your personal data if you have either withdrawn your consent to us using your information (if we originally asked for your consent to use your information), or exercised your right to object to further legitimate use of your information, or where we have used it unlawfully or where we are subject to a legal obligation to erase your personal data.
We may not always be able to comply with your request, for example where we need to keep using your personal data in order to comply with our legal obligation or where we need to use your personal data to establish, exercise or defend legal claims.
To restrict our use of personal data
You can ask that we restrict our use of your personal data in certain circumstances, for example
• where you think the information is inaccurate and we need to verify it;
• where our use of your personal data is not lawful but you do not want us to erase it;
• where the information is no longer required for the purposes for which it was collected but we need it to establish, exercise or defend legal claims; or
• where you have objected to our use of your personal data but we still need to verify if we have overriding grounds to use it.
We can continue to use your personal data following a request for restriction where we have your consent to use it; or we need to use it to establish, exercise or defend legal claims, or we need to use it to protect the rights of another individual or a company.
To object to use of personal data
You can object to any use of your personal data which we have justified on the basis of our legitimate interest, if you believe your fundamental rights and freedoms to data protection outweigh our legitimate interest in using the information. If you raise an objection, we may continue to use the personal data if we can demonstrate that we have compelling legitimate interests to use the information.
To request a transfer of personal data
You can ask us to provide your personal data to you in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller (e.g. another company).
You may only exercise this right where we use your personal data in order to perform a contract with you, or where we asked for your consent to use your personal data. This right does not apply to any personal data which we hold or process outside automated means.
To contest decisions based on automatic decision making
If we made a decision about you based solely by automated means (i.e. with no human intervention), and the decision made by us produces a legal effect concerning you, or significantly affects you, you may have the right to contest that decision, express your point of view and ask for a human review. These rights do not apply where we are authorised by law to make such decisions and have adopted suitable safeguards in our decision making processes to protect your rights and freedoms.
You can contact us for more information
If you are not satisfied with the level of information provided in this privacy notice, you can ask us about what personal data we have about you,
what we use your information for, who we disclose your information to, whether we transfer it abroad, how we protect it, how long we keep it for, what rights you have, how you can make a complaint, where we got your data from and whether we have carried out any automated decision making using your personal data.
If you would like to exercise any of the above rights, please:
• email or write to our Data Protection Officer at firstname.lastname@example.org or Foxgrove Associates Limited, First Floor, The Old Harpsichord Factory, 2a Bradbourne Road, Sevenoaks, Kent, TN13 3PY;
• let us have enough information to identify you, e.g. name, address, date of birth;
• let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
• let us know the information to which your request relates.
We have appropriate security measures in place to prevent personal data from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
KEEPING YOUR PERSONAL DATA SECURE
If you are not happy with the way we are handling your information, you have a right to lodge a complaint with the Information Commissioners Office. It has enforcement powers and can investigate compliance with data protection regulation (www.ico.org.uk). We ask that you please attempt to resolve any issues with us before the ICO.
OUR SUPERVISORY AUTHORITY
Please contact our Data Protection Officer if you have any questions about this privacy notice or the information we hold about you. If you wish to contact our Data Protection Officer, please send an email to email@example.com or write to Foxgrove Associates Limited, First Floor, The Old Harpsichord Factory, 2a Bradbourne Road, Sevenoaks, Kent, TN13 3PY.
GLOSSARY OF TERMS
we, us or our Foxgrove Associates Limited a company registered in England and Wales (company number 07307932) and having its registered office at Airport House, Suite 43 – 45, Purley Way, Croydon, Surrey, CR0 0XZ
these are the services we provide to you in
relation to the products, which may include:
• general insurance
contact information these are details that can be used to contact a person, including title, first name, surname, personal telephone number, fax, email address, home address, country, postcode or city of residence. This may also include work
contact information such as work telephone number, fax, work email and work address lenders a mortgage lender (for a list of current lenders which we work with, please contact us – see How to contact us above)
data controller means a natural or legal person (such as a company) which determines the means and purposes of processing of personal data. For example, we are your data controller as we determine how we will collect personal data
from you, the scope of data which will be collected, and the purposes for which it will be used in the course of us providing you with intermediary services
lifestyle this includes both work and leisure data protection regulation applicable data privacy and protection laws information behaviour patterns. Most relevant to your products may be your smoker status, alcohol consumption, health, retirement age and exercise habits
employment status this is information about your work, if you are employed, self-employed, unemployed, a student or on job seeker allowance
product this is an investment, pension, mortgage, protection and general insurance product in respect of which we provide intermediary services to you
FCA the Financial Conduct Authority, being the independent watchdog that regulates financial services product provider a company which provides investment, pension, protection and/or general insurance products (for a list of product providers which we work with, please contact us – see How to contact us above)
financial information this is information relating to your financial status, including salary/income, outgoings/ expenditure, tax rate and P60 sanction check information this is information relating to your politically exposed persons (PEPs) status and Her Majesty’s Treasury financial sanctions status, which is recorded to prevent fraud and money laundering
health information this is information relating to your medical history, including symptoms, diagnoses, procedures and outcomes, as well as information about your height and weight. This could include previous and current or persistent medical conditions and family medical history vulnerability a vulnerable consumer is someone who, due to their personal circumstances, is especially susceptible to detriment, particularly when an advisory firm is not acting with appropriate
levels of care. These customers are more likely to suffer severe detriment if something goes wrong. Details of vulnerability fall in to the following categories: health; resilience (financial); life events; and capability (financial knowledge/ confidence)
identity information this is any information that can be used to distinguish a person or verify their identity, such as name, date of birth, place of birth, gender, marital status, national identity card/ number, passport, drivers licence and national