Privacy Notice

1. WHO WE ARE

We are Market Mortgage Ltd, trading as Own New (“we“, “our“, and “us“). Market Mortgage Ltd is a limited liability company incorporated in England with registration number 10821229 with its registered office at 7 Bell Yard, London, England, WC2A 2SJ.

We act as administrators of mortgage schemes which are aimed at providing mortgages and finance to prospective buyers of newly constructed properties (“Buyers”). In doing so, we work with mortgage providers (“Lenders”) and builders of properties (“Builders”).

The Homebuilder who constructed the property you have expressed interest in provides us with your personal data to enable us to administer the mortgage scheme which is available for the property. This Notice describes how we may use such data.

We are a controller of your information, which means that we are responsible for looking after it.

We take the protection of your personal data seriously. We will use your personal data fairly, lawfully and in a transparent manner, and in accordance with the Data Protection Laws. We ask that you read this privacy notice (“Notice“) carefully as it contains important information about how we use personal data and how we will ensure we meet our legal obligations to you under the UK data protection rules (the “Data Protection Laws”).

If you have any questions in relation to this Notice or generally how your personal data is processed by us, please contact us by email to [email protected] .

2. THE INFORMATION WE COLLECT AND HOW WE USE IT

Under the Data Protection Laws, we are required to explain why we use your personal data. We are also required to have a “lawful basis” for any processing of such data. This is summarised in below.

Provision of services

• Purpose: Provision of Services
• Lawful basis: Legitimate interest in providing our services
• Source of information: Builder
• Data collected: Name, Address (incl. postcode) In reference to the property you have expressed an interest in: Home builder name , ID/property, reference, Address (incl. postcode), Price, Site

Fees due, Ensuring payment, book-keeping and audit

• Purpose: To ascertain fees due to us and ensure payment, as well as assisting with internal book-keeping and audit.
• Lawful basis: This processing is necessary for our legitimate interests in obtaining payment for the services we provide and in operating our business in an effective manner.
• Source of information: Builder
• Data collected: Name, Title, Address (incl. postcode) In reference to the property you have expressed an interest in: Homebuilder name, ID/property reference, Address (incl. postcode), Price, Site

Compliance with Obligations

• Purpose: To comply with our obligations under anti-money laundering regulations, tax laws, and similar statutory and regulatory requirements.
• Lawful basis: This processing is necessary for us to comply with our legal obligations (particularly in respect of the AML obligations imposed on us).
• Source of information: Builder
• Data collected: Name, Title, Address (incl. postcode) In reference to the property you have expressed an interest in: Homebuilder name, ID/property reference, Address (incl. postcode), Price, Site

Response to Complaints

• Purpose: To respond to complaints and queries.
• Lawful basis: The processing is necessary for our legitimate interest to assure the quality of our services.
• Source of information: From the Homebuilder or directly from the Buyer when a complaint is made or query is raised. We may already hold information as described in this policy which may be relevant to dealing with your complaints / queries.
• Data collected: Name, Details of your complaint / query, Contact details, Other information described in this policy which is relevant to your complaint / query

Direct Marketing

• Purpose: Direct Marketing
• Lawful basis: Consent. You can unsubscribe from any of direct communications, such as email. You may email [email protected] to request us to delete data you may have submitted via a marketing form.
• Source of information: Data entered by you on, for example, our website mailing sign up form or surveys
• Data collected: Name, Contact details, Purchase Preferences
• Data Shared: We may, with your explicit consent, share your data with participating Builders and Brokers who may contact you in relation to offers or services that may be applicable to you.

Development of products and services

• Purpose: To develop our products and services.
• Lawful basis: To develop our products and services.
• Source of information: From the Homebuilder or directly from the Buyer, including through surveys and questionnaires.
• Data collected: Details of complaints / queries you make , Feedback which you provide to us spontaneously or in response to market research activities we carry out such as surveys and questionnaires, Contact details, We may also analyse, aggregate and/or anonymise the other information described in this notice for this purpose. For the most part, we only use aggregate and statistical information in the development of our products and services, and not data directly identifiable to you.

To enforce and protect our rights and interests, including obtaining legal advice and progressing legal claims.

• Purpose: To enforce and protect our rights and interests, including obtaining legal advice and progressing legal claims.
• Lawful Basis: The processing is necessary for our legitimate interest to protect our business.
• Source of information: The Homebuilder provides us with some of this information such as your name, address and contact details. You provide us with information relating to complaints and claims in your communications with us. We also independently generate information relating to the use of our services, infringements of our rights and sums owed to us.
• Data Collected: Name, Address, Contact details, In reference to the property you have expressed an interest in: Homebuilder name , ID/property reference , Address (incl. postcode) , Property Price , Site , Information relating to your use of our services , Information about infringements of our legal rights including as set out in our terms and conditions , Information contained in correspondence relating to complaints and claims , Information about sums due to us

To assure the quality of our services and train our staff.

• Purpose: To assure the quality of our services and train our staff.
• Lawful Basis: The processing is necessary for our legitimate interests to improve our offering and assure the quality of our services.
• Source of information: We generate this information when you communicate with us.
• Data collected: Call recordings, Email records

Potentially selling or obtaining financing for our business.

• Purpose: Potentially selling or obtaining financing for our business.
• Lawful basis: The processing is necessary for our legitimate interest to conduct our business in a profitable manner.
• Source of Information: This information is obtained as described elsewhere in this section.
• Data collected: The data described in this policy may need to be disclosed to potential buyers and/or funders of our business or assets, to enable them to assess and evaluate our business and assets. All the data we hold would need to be transferred to an acquirer of our business or assets.

3. Legitimate Interests and Lawful basis

We have determined, acting reasonably. and considering the circumstances, that we are able to rely on legitimate interests as the lawful basis on which to process your personal information in certain circumstances (we have stated this above and set out our legitimate interests). We have reached this decision by carrying out a balancing exercise to make sure our legitimate interests are not overridden by your rights as an individual.

We consider that it is reasonable for us to process your information for the purposes of our legitimate interests outlined above as: (a) we process your information only so far as is necessary for such purpose; and (b) it can be reasonably expected for us to process your information in this way.

4. RETENTION OF YOUR PERSONAL DATA

We will only process your personal data for as long as necessary to achieve the purposes for which we process it. Once it is no longer needed for these purposes, we will delete or anonymise it so that it can no longer be linked to you.

Since each item of data may be used for a number of different purposes, the determination of the relevant retention period depends on the nature of the data, why we process it and the legal and operational needs for keeping it.

We generally retain personal data for up to six (6) years from the end of the financial year during which we obtain it. Where data may be relevant to a claim, we will hold it until the relevant limitation period expires (under the applicable statute of limitations) or, if there is ongoing litigation, until that litigation is resolved.

For more detailed information, please contact us using the contact details as set out above.

5. DISCLOSURE OF YOUR PERSONAL DATA

We may disclose your personal data only for the purposes specified in this policy (unless we are otherwise specifically permitted by law), to:

• Resolution Compliance Limited, for the purpose of compliance with our regulatory obligations;
• The Homebuilder of the property in which you have expressed an interest, Banks, funders and other parties involved in the relevant mortgage scheme, for administering and operating the scheme;
• Other companies within our group, but only for the purposes specified in this policy;
• Providers of technical and logistical services which support our business, such as providers of cloud data storage, enterprise software, and data security services;
• Analytics providers for the purposes of product improvement and development;
• Prospective and/or actual buyers and funders of our business or assets, to the extent needed to ensure the continuation of our operations;
• Our advisors and consultants including lawyers, accountants, and financial advisors, in order for them to advise us in relation to our business;
• Fraud prevention agencies for the purposes of enforcing our rights and for detecting and preventing unlawful activities;
• Law enforcement and regulatory agencies, including HMRC and the FCA, in connection with any investigation to help prevent unlawful activity or as otherwise required by applicable law;
• Courts and tribunals where required for resolving disputes;
• Administrators or liquidators in the event that our business goes into administration, liquidation, or a similar procedure;
• Insurance providers for the purposes of recovering losses we may suffer and for progressing or defending claims against us.

6. TRANSFERS OUTSIDE OF THE EUROPEAN ECONOMIC AREA

We transfer the personal data described in this policy outside of the United Kingdom; but only to countries which are deemed (by the UK Secretary of State) to provide an adequate level of protection of personal data. Specifically, we transfer personal data to countries forming part of the European Economic Area.

7. YOUR RIGHTS

You have a number of rights under the Data Protection Laws in relation to the way we process your personal data, which are set out below. You may contact us using the details at the beginning of this Notice to exercise any of these rights.

In some instances, we may be unable to carry out your request, in which case we will write to you to explain why.

If you have any concerns regarding our processing of your personal data, you are not satisfied with our handing of any request made by you, or would otherwise like to make a complaint, please contact us in the first instance using the details provided at the start of this policy. They will do their very best to sort out the problem.

You can make complaints to the Information Commissioner’s Office at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF www.ico.org.uk.