Data Processing Terms
1. Definitions
In these processing terms, the following definitions apply.
1.1 'Applicant' means a person or persons applying for any product or service offered by us.
1.2 'Application' means any application for a mortgage, personal loan or other product or service from us which you send us on behalf of an Applicant.
1.3 'We', 'us' and 'our' means Bank of Scotland. It does not include other subsidiaries of HBOS plc or other trading divisions forming part of the HBOS group operating under trading names other than 'Bank of Scotland'.
1.4 'You' and 'your' means the sole principal, partnership, limited liability partnership or company who introduces an Applicant to us.
2. Scope
2.1 These processing terms set out the terms upon which we will deal with you when you introduce an Applicant to us. They do not apply to applications you introduce to any other part of the group of companies of which Bank of Scotland is part (where other terms may apply). We may change these terms at any time.
2.2 We reserve the right not to accept an application submitted by you, for any reason.
2.3 You are an intermediary and not our appointed agent for mortgage business. You can only introduce personal loan business to us if we say so. You are responsible for your actions and advice, including any advice you give any Applicant about their application.
2.4 You must tell us:
2.4.1 if your consumer credit licence is withdrawn;
2.4.2 if you are investigated for a breach of the Banking Code;
2.4.3 if you are investigated for a breach of a regulatory body's rules or have membership of a regulatory body terminated.
3. Documentation
3.1 You must pass on to the Applicant, immediately and without amendment, all documentation that we supply for the benefit of, or completion by, the Applicant.
3.2 You must also pass on to us all relevant documentation provided to you by the Applicant or obtained by you on the Applicant's behalf in connection with the Applicant's application.
4. Advertising
4.1 You will not advertise any of our products or services using the name "Bank of Scotland" or any other name, logo, slogan or trade mark made or prepared for, commissioned by or belonging to the group of companies of which Bank of Scotland is part without our prior written consent.
5. Termination
5.1 We or you can terminate your membership of our mortgage intermediary panel at any time.
6. Data Protection
6.1 You will treat any information disclosed, in whatever form, or supplied by us, any Applicant, or acquired by you in connection with an application, as confidential. You must take all reasonable care to protect it and not use, disclose or copy it except as may be necessary for submitting applications on behalf of Applicants and the performance of your duties under these processing terms.
6.2 Where you process personal data (as defined in the Data Protection Act 1998) on our behalf, you must:
6.2.1 co-operate as far as is reasonable with us in complying with any data subject access request; and
6.2.2 co-operate fully with us in dealing with any enquiry made, or investigation or assessment of processing initiated by the Information Commissioner; and
6.2.3 take such security measures as are required to enable you to comply with obligations equivalent to those imposed on us by the seventh data protection principle of the Data Protection Act 1998.
6.2.4 process such personal data only in accordance with our instructions.
6.2.5 allow us to conduct such reasonable audit of your information security measures as we require to ensure your compliance with your obligation in this paragraph.
6.2.6 ensure that only such of your employees and advisers who may be required to assist in meeting your obligations under these terms shall have access to such personal data.
6.2.7 ensure that all your employees involved in the processing of such personal data have undergone training in data protection and in the care and handling of personal data.
6.3 For the purposes of these processing terms, you shall be a data processor and we shall be a data controller.
6.4 We will process information for our legitimate business purposes about you, any partners (if you are a partnership), your employees authorised to submit applications to us on behalf of Applicants, our statement of account for fees due to you (if applicable), Applicants, and the conduct of their accounts.
6.5 We will carry out a credit reference search against all Applicants. Each time you refer an Applicant to us, you must ensure that the Applicant's consent to these searches is obtained.
6.6 The duties in this paragraph 6 will survive any termination of your membership of the Bank of Scotland intermediary panel.
7. General Insurance business
7.1 When acting as an introducer, you must only:-
- introduce an Applicant to us;
- provide Applicants with marketing material supplied by us;
- collect name and address details for the Applicant in connection with their general insurance requirements; or
- arrange for us to make further contact with the Applicant.
7.2 You must not give the Applicant any advice in respect of the insurance product and you must not say or describe yourself as our appointed agent or appointed sub-agent in respect of any insurance product.
8 Miscellaneous
8.1 In performing your duties in connection with these processing terms, you will:
8.1.1 comply with all laws, regulations, rules, duties and obligations (whether or not originating in the United Kingdom) which apply to, or are relevant in connection with, these processing terms and the operation of your business which may from time to time be relevant;
8.1.2 comply with all relevant requirements and provisions of any present or future legislation, regulations or codes of practice;
8.1.3 co-operate in any investigation or audit of us by The Financial Services Authority, HM Revenue, and Customs or any other body which regulates us or supervises compliance with any voluntary code of practice. This includes producing to us (or anybody authorised by us or any regulatory body) on demand any information in a format we or they require and within such time and at such place as such persons may require; giving such persons such assistance in connection with any investigation or audit as you are reasonably able to give;
8.1.4 maintain appropriate licences.
8.2 You must not do, or omit to do, anything which will or may:
8.2.1 affect any authorisation, licence, consent or permission necessary or desirable for the conduct of our business or your business; or
8.2.2 cause us to breach any laws, regulations, rules, codes of practice, duties, obligations or other requirements which may from time to time be relevant.
8.3 We may undertake such monitoring as we consider appropriate to satisfy any obligations imposed on us by the Financial Services Authority or any other regulator.
8.4 These processing terms will be governed by and construed in accordance with Scottish Law.