The following are the general terms and conditions for use of the Market Harborough Building Society Case Hub. This is the Society’s online application facility for intermediaries. When you register for the Case Hub you will be deemed to have agreed to the terms and conditions and should you fail to follow them Market Harborough Building Society reserves the right to withdraw your access irrespective of any other action taken. In the event of any apparent conflict between the conditions in this document and the Intermediary Agreement, the Intermediary Agreement takes precedence.

Terms and conditions of use

When using the Case Hub, you agree:

• To comply with all relevant Data Protection Laws. Data Protection Laws means: all applicable laws (including decisions) and guidance by relevant supervisory authorities/Applicable Laws relating to data protection, the processing of personal data and privacy, including:
  • (a) The Data Protection Act 1998 and the Data Protection Act 2018, as appropriate;
  • (b) The General Data Protection Regulation (EU) 2016/679;
  • (c) The Privacy and Electronic Communications (EC Directive) Regulations 2003 (as may be amended by the proposed Regulation on Privacy and Electronic Communications); and
  • (d) Any legislation that, in respect of the United Kingdom, replaces or converts into domestic law the General Data Protection Regulation (EU) 2016/679, the proposed Regulation on Privacy and Electronic Communications or any other law relating to data protection, the processing of personal data and privacy as a consequence of the United Kingdom leaving the European Union;



and references to “Data Controller”, “Data Subject”, “Personal Data”, “Process”, “Processed”, “Processing”, and “Data Processor” have the meanings set out in, and will be interpreted in accordance with:

• (i) in respect of processing undertaken on or before 24 May 2018, the Data Protection Act 1998;
• (ii) in respect of processing undertaken on or after 25 May 2018, the General Data Protection Regulation (EU) 2016/679 and the Data Protection Act 2018.


• To procure that Applicants shall consent to transfer their personal data prior to making an application to the Society.

• To ensure that you always have your applicant’s express authority to act on their behalf and to pass information to us and that your applicant has read, understood and given their consent, prior to you submitting details to us and that we may undertake a credit search on any address your applicant has provided.

• To ensure you and your nominated administrator(s) always have justification for processing of applicant’s personal data and that the applicant’s consent to process has been obtained.

• To advise all applicants what will happen to their personal data and what, if any, will be disclosed to other parties.

• To ensure data collected in respect of any applicant will not be used for any purpose other than that for which it was collected, unless the applicant’s permission is first obtained.

• To only hold data relevant for the purpose of a ‘decision in principle’ or ‘full mortgage application’.

• To ensure that all information collected will be a true and accurate reflection of the applicant’s circumstances, and to keep that information up-to-date.

• To provide applicants with a copy of information held on them, upon request.

• Your password and memorable word are provided for your sole use and must not be divulged to anyone else.

• To follow the guidelines on good password practice when creating your unique password on registration.

• To confirm that you will observe the terms of your ‘intermediary agreement’ with us.

• You are authorised by the FCA or PRA.

• You have the relevant permissions required by the FCA or PRA in relation to this Agreement.

• You will ensure your Appointed Representatives comply with the FCA Rules and the PRA Rules and Applicable Laws and Regulations.

• You will, on request, provide the Society with information necessary to enable the Society to demonstrate its compliance with the FCA Rules and the PRA Rules and Applicable Laws and Regulations.

• You will ensure that your business will comply at all times with all amendments to or replacement of all of the above as relevant.

Declaration

• I confirm that I will inform all mortgage applicants, prior to submitting any mortgage application, that Market Harborough Building Society will carry out a soft credit search on them, and that if the mortgage application proceeds, a further hard credit search will be made. My explanation to the mortgage applicants will include the difference between the soft credit search and the hard credit search. If any mortgage applicant objects to this, I will not submit the mortgage application.

• I agree that in accordance with the UK Money Laundering Regulations, I will verify and record the identity of all mortgage applicants before passing the applications to you, Market Harborough Building Society.

• I confirm the identity of all mortgage applicants will be verified in accordance with UK Money Laundering Regulations and recorded at the time of any application made via the site.

• I acknowledge that a ‘decision in principle’ is not binding on either party and that the next stage will involve completing a ‘full mortgage application’.

• I understand that any information you hold about me and how I use this site may be used for monitoring and management information purposes and may be shared with the management team within my own organisation.

• I understand that any information you hold about me will be kept after my relationship with you has ended.

• I indemnify you against all reasonable losses, cost demands and expenses suffered or incurred arising out or in connection with any action or claim brought by a third party directly caused by a breach by the other party of Data Protection Law.

• I indemnify you in respect of any liability, losses, damages or costs you may suffer or incur, arising from breach of my warranties and/or obligations, imposed by these terms and conditions, or by reason of any misrepresentation or negligent, tortuous or fraudulent act or default by me or any administrator(s) I nominate to use the site on my behalf.

• I will ensure that all administrators I nominate to use the site, do so strictly in accordance with the terms of use.

• I confirm that I/my company have/has the necessary permissions from the FCA to advise (where applicable), complete and submit applications on behalf of my/our clients, and that any introduction is not being made as a consequence of the activity of another person which contravenes Section 19 of the Financial Services and Markets Act 2000.

The level of service provided must be advised, if the sale is a regulated loan. If it is an unregulated loan then information only service is acceptable.