Data Protection Compliance. Are you aware of and are you compliant with the provisions of Data Protection Laws (as defined in paragraph 7 below)? Have you registered with the Information Commissioners Office (ICO)? Yes Yes No No 1. This application is made by the intermediary named overleaf (“You”). Once accepted by Octopus Real Estate, which is the trading name of each subsidiary company and subsidiary undertaking from time to time of [Octopus Investments Limited], including, without limitation, Bridgeco Ltd, Fern Trading Ltd and Octopus Property Lending Ltd (“we/ us”), a contract will be created between You and Us which incorporates all the terms shown on any page of this document. 2. We reserve the right to reject any application for a loan. 3. We will pay commission in respect of completed deals on the scale agreed with your Octopus Business Development Manager. The commission payable may be varied from time to time and we will write to you with updates as appropriate. 4. If You need to make any changes to this agreement, please notify us in writing on company headed paper. 5. If You deal with any work requiring authorisation under the Financial Services and Markets Act or any other legislation, You must maintain proper authorisation from the Financial Conduct Authority and / or any other relevant body. You must produce these to us for inspection when requested. You must notify us of any correspondence you receive from any relevant enforcement or regulatory body which alleges any failure by You to observe their requirements. You must also notify us of any events known to You which might give rise to such correspondence if those events were known to the relevant authority or regulator. 6. Where You are introducing any loan to Us including Consumer Credit exempt loans You warrant that you will comply with all regulatory requirements and obligations. 7. You must ensure that all your advertising literature, application documents and all procedures whether relating to work before or after a loan is made comply with all requirements of the law and of regulatory bodies relating to the provision of loans. You will need to consider in particular the various provisions made under the Consumer Credit Act, the fair processing information provisions of the Data Protection Xxx 0000, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (from and including 25 May 2018) any other applicable law in any relevant jurisdiction that applies to the processing of data relating to living persons, in each case as amended or replaced from time to time (“Data Protection Laws”), and the guidance issued by the Office of the Information Commissioner, the provisions of the Financial Conduct Authority handbook and all other relevant regulatory or trade bodies. It is understood that understand that: (i) Octopus Real Estate may pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft; and (ii) if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this. 8. The arrangement with us is not an exclusive one, so you may if you wish deal with other lenders or packagers and we may deal with any other introducers as we wish. Both of us may at any time write to the other and end this arrangement, no notice period being necessary. On any such termination, we shall be under no obligation to continue processing or considering any application previously submitted through you. 9. If you break any of these terms, you will indemnify us against all losses arising from such failure or breach, including the reasonable administrative and other costs of dealing with them. This indemnity will include any actual loss suffered and the full cost of our administrative time involved in handling the complaint, as well as the full amount of any professional or other fees or disbursements incurred in the course of dealing with the complaint. 10. This agreement will be reviewed on a quarterly basis and will assessed based on the quality and volume of business transacted. I/We agree and authorise Octopus Real Estate to: (a) make searches of the records at fraud prevention agencies who may provide Octopus Real Estate with information; and, (b) make such enquiries of any person or organization, as Octopus Real Estate considers necessary in connection with this application; and, (c) pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft. (d) I/We understand that if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
Appears in 2 contracts
Samples: Intermediary Agreement, Intermediary Agreement
Data Protection Compliance. Are you aware 4.1 All instructions given by the Data Controller to the nominated Users and employees of the Data Processor shall at all times be in compliance with the Data Protection Act 2018 and other applicable laws. The Data Processor shall act only on instructions from the Data Controller unless the Data Processor is required by law to do otherwise.
4.2 The nominated Users and employees of the Data Processor shall promptly comply with any request from the Data Controller requiring them to amend, transfer, delete, or otherwise dispose of the Personal Data.
4.3 The nominated Users and employees of the Data Processor shall transfer all Personal Data to the Data Controller on the Data Controller’s request in the formats, at the times, and in compliance with the Data Controller’s instructions.
4.4 Both Parties shall comply at all times with the DATA PROTECTION ACT 2018 and other applicable laws and shall not perform their obligations under this Agreement or any other agreement or arrangement between themselves in such way as to cause either Party to breach any of its applicable obligations under the DATA PROTECTION ACT 2018.
4.5 The Data Controller hereby warrants, represents, and undertakes that the Personal Data shall comply with the DATA PROTECTION ACT 2018 in all respects including, but not limited to, its collection, holding, and processing.
4.6 The nominated Users and employees of the Data Processor agree to comply with any reasonable measures required by the Data Controller to ensure that its obligations under this Agreement are you compliant satisfactorily performed in accordance with any and all applicable legislation from time to time in force (including, but not limited to, the DATA PROTECTION ACT 2018) and any best practice guidance issued by the ICO.
4.7 The nominated Users and employees of the Data Processor shall provide all reasonable assistance (at the Data Controller’s cost) to the Data Controller in complying with its obligations under the DATA PROTECTION ACT 2018 with respect to the security of processing, the notification of personal data breaches, the conduct of data protection impact assessments, and in dealings with the ICO.
4.8 When processing the Personal Data on behalf of the Data Controller, the nominated Users and employees of the Data Processor shall:
4.8.1 not process the Personal Data outside the United Kingdom without the prior written consent of the Data Controller and, where the Data Controller consents to such a transfer to a country that is outside of the EEA, to comply with the obligations of Data Processors under the provisions applicable to transfers of Personal Data to third countries set out in Chapter 5 of the DATA PROTECTION ACT 2018 by providing an adequate level of protection to any Personal Data that is transferred;
4.8.2 not transfer any of the Personal Data to any third party without the written consent of the Data Controller and, in the event of such consent, the Personal Data shall be transferred strictly subject to the terms of a suitable agreement, as set out in Clause 10;
4.8.3 process the Personal Data only to the extent, and in such manner, as is necessary in order to comply with its obligations to the Data Controller or as may be required by law.
4.8.4 implement appropriate technical and organisational measures, as described in Schedule 3, and take all steps necessary to protect the Personal Data against unauthorised or unlawful processing, accidental loss, destruction, damage, alteration, or disclosure.
4.8.5 if so requested by the Data Controller (and within the timescales required by the Data Controller) supply further details of the technical and organisational systems in place to safeguard the security of the Personal Data held and to prevent unauthorised access;
4.8.6 keep detailed records of all processing activities carried out on the Personal Data in accordance with the requirements of Article 30(2) of the DATA PROTECTION ACT 2018;
4.8.7 make available to the Data Controller any and all such information as is reasonably required and necessary to demonstrate the nominated Users and employees of the Data Processor’s compliance with the DATA PROTECTION ACT 2018;
4.8.8 with notice, submit to audits and inspections and provide the Data Controller with any information reasonably required in order to assess and verify compliance with the provisions of Data Protection Laws (as defined in paragraph 7 below)? Have you registered this Agreement and both Parties’ compliance with the Information Commissioners Office (ICO)? Yes Yes No No
1. This application is made by requirements of the intermediary named overleaf (“You”). Once accepted by Octopus Real Estate, which is the trading name of each subsidiary company and subsidiary undertaking from time to time of [Octopus Investments Limited], including, without limitation, Bridgeco Ltd, Fern Trading Ltd and Octopus Property Lending Ltd (“we/ us”), a contract will be created between You and Us which incorporates all the terms shown on any page of this document.
2. We reserve the right to reject any application for a loan.
3. We will pay commission in respect of completed deals on the scale agreed with your Octopus Business Development ManagerDATA PROTECTION ACT 2018. The commission payable may be varied from time requirement to time give notice will not apply if the Data Controller believes that the nominated Users and we will write to you with updates as appropriate.
4. If You need to make employees of the Data Processor are in breach of any changes to of obligations under this agreement, please notify us in writing on company headed paper.
5. If You deal with any work requiring authorisation Agreement or under the Financial Services and Markets Act law; and
4.8.9 inform the Data Controller immediately if it is asked to do anything that infringes the DATA PROTECTION ACT 2018 or any other applicable data protection legislation, You must maintain proper authorisation from the Financial Conduct Authority and / or any other relevant body. You must produce these to us for inspection when requested. You must notify us of any correspondence you receive from any relevant enforcement or regulatory body which alleges any failure by You to observe their requirements. You must also notify us of any events known to You which might give rise to such correspondence if those events were known to the relevant authority or regulator.
6. Where You are introducing any loan to Us including Consumer Credit exempt loans You warrant that you will comply with all regulatory requirements and obligations.
7. You must ensure that all your advertising literature, application documents and all procedures whether relating to work before or after a loan is made comply with all requirements of the law and of regulatory bodies relating to the provision of loans. You will need to consider in particular the various provisions made under the Consumer Credit Act, the fair processing information provisions of the Data Protection Xxx 0000, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (from and including 25 May 2018) any other applicable law in any relevant jurisdiction that applies to the processing of data relating to living persons, in each case as amended or replaced from time to time (“Data Protection Laws”), and the guidance issued by the Office of the Information Commissioner, the provisions of the Financial Conduct Authority handbook and all other relevant regulatory or trade bodies. It is understood that understand that:
(i) Octopus Real Estate may pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft; and
(ii) if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
8. The arrangement with us is not an exclusive one, so you may if you wish deal with other lenders or packagers and we may deal with any other introducers as we wish. Both of us may at any time write to the other and end this arrangement, no notice period being necessary. On any such termination, we shall be under no obligation to continue processing or considering any application previously submitted through you.
9. If you break any of these terms, you will indemnify us against all losses arising from such failure or breach, including the reasonable administrative and other costs of dealing with them. This indemnity will include any actual loss suffered and the full cost of our administrative time involved in handling the complaint, as well as the full amount of any professional or other fees or disbursements incurred in the course of dealing with the complaint.
10. This agreement will be reviewed on a quarterly basis and will assessed based on the quality and volume of business transacted. I/We agree and authorise Octopus Real Estate to:
(a) make searches of the records at fraud prevention agencies who may provide Octopus Real Estate with information; and,
(b) make such enquiries of any person or organization, as Octopus Real Estate considers necessary in connection with this application; and,
(c) pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft.
(d) I/We understand that if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
Appears in 2 contracts
Samples: Data Processing & Confidentiality Agreement, Data Processing & Confidentiality Agreement
Data Protection Compliance. Are you aware 4.1 All instructions given by the Data Controller to the nominated Users and employees of the Data Processor shall at all times be in compliance with the Data Protection Xxx 0000 and other applicable laws. The Data Processor shall act only on instructions from the Data Controller unless the Data Processor is required by law to do otherwise.
4.2 The nominated Users and employees of the Data Processor shall promptly comply with any request from the Data Controller requiring them to amend, transfer, delete, or otherwise dispose of the Personal Data.
4.3 The nominated Users and employees of the Data Processor shall transfer all Personal Data to the Data Controller on the Data Controller’s request in the formats, at the times, and in compliance with the Data Controller’s instructions.
4.4 Both Parties shall comply at all times with the DATA PROTECTION XXX 0000 and other applicable laws and shall not perform their obligations under this Agreement or any other agreement or arrangement between themselves in such way as to cause either Party to breach any of its applicable obligations under the DATA PROTECTION XXX 0000.
4.5 The Data Controller hereby warrants, represents, and undertakes that the Personal Data shall comply with the DATA PROTECTION XXX 0000 in all respects including, but not limited to, its collection, holding, and processing.
4.6 The nominated Users and employees of the Data Processor agree to comply with any reasonable measures required by the Data Controller to ensure that its obligations under this Agreement are you compliant satisfactorily performed in accordance with any and all applicable legislation from time to time in force (including, but not limited to, the DATA PROTECTION ACT 2018) and any best practice guidance issued by the ICO.
4.7 The nominated Users and employees of the Data Processor shall provide all reasonable assistance (at the Data Controller’s cost) to the Data Controller in complying with its obligations under the DATA PROTECTION ACT 2018 with respect to the security of processing, the notification of personal data breaches, the conduct of data protection impact assessments, and in dealings with the ICO.
4.8 When processing the Personal Data on behalf of the Data Controller, the nominated Users and employees of the Data Processor shall:
4.8.1 not process the Personal Data outside the United Kingdom without the prior written consent of the Data Controller and, where the Data Controller consents to such a transfer to a country that is outside of the EEA, to comply with the obligations of Data Processors under the provisions applicable to transfers of Personal Data to third countries set out in Chapter 5 of the DATA PROTECTION ACT 2018 by providing an adequate level of protection to any Personal Data that is transferred;
4.8.2 not transfer any of the Personal Data to any third party without the written consent of the Data Controller and, in the event of such consent, the Personal Data shall be transferred strictly subject to the terms of a suitable agreement, as set out in Clause 10;
4.8.3 process the Personal Data only to the extent, and in such manner, as is necessary in order to comply with its obligations to the Data Controller or as may be required by law.
4.8.4 implement appropriate technical and organisational measures, as described in Schedule 3, and take all steps necessary to protect the Personal Data against unauthorised or unlawful processing, accidental loss, destruction, damage, alteration, or disclosure.
4.8.5 if so requested by the Data Controller (and within the timescales required by the Data Controller) supply further details of the technical and organisational systems in place to safeguard the security of the Personal Data held and to prevent unauthorised access;
4.8.6 keep detailed records of all processing activities carried out on the Personal Data in accordance with the requirements of Article 30(2) of the DATA PROTECTION XXX 0000;
4.8.7 make available to the Data Controller any and all such information as is reasonably required and necessary to demonstrate the nominated Users and employees of the Data Processor’s compliance with the DATA PROTECTION XXX 0000;
4.8.8 with notice, submit to audits and inspections and provide the Data Controller with any information reasonably required in order to assess and verify compliance with the provisions of Data Protection Laws (as defined in paragraph 7 below)? Have you registered this Agreement and both Parties’ compliance with the Information Commissioners Office (ICO)? Yes Yes No No
1. This application is made by requirements of the intermediary named overleaf (“You”). Once accepted by Octopus Real Estate, which is the trading name of each subsidiary company and subsidiary undertaking from time to time of [Octopus Investments Limited], including, without limitation, Bridgeco Ltd, Fern Trading Ltd and Octopus Property Lending Ltd (“we/ us”), a contract will be created between You and Us which incorporates all the terms shown on any page of this document.
2. We reserve the right to reject any application for a loan.
3. We will pay commission in respect of completed deals on the scale agreed with your Octopus Business Development ManagerDATA PROTECTION XXX 0000. The commission payable may be varied from time requirement to time give notice will not apply if the Data Controller believes that the nominated Users and we will write to you with updates as appropriate.
4. If You need to make employees of the Data Processor are in breach of any changes to of obligations under this agreement, please notify us in writing on company headed paper.
5. If You deal with any work requiring authorisation Agreement or under the Financial Services and Markets Act law; and
4.8.9 inform the Data Controller immediately if it is asked to do anything that infringes the DATA PROTECTION XXX 0000 or any other applicable data protection legislation, You must maintain proper authorisation from the Financial Conduct Authority and / or any other relevant body. You must produce these to us for inspection when requested. You must notify us of any correspondence you receive from any relevant enforcement or regulatory body which alleges any failure by You to observe their requirements. You must also notify us of any events known to You which might give rise to such correspondence if those events were known to the relevant authority or regulator.
6. Where You are introducing any loan to Us including Consumer Credit exempt loans You warrant that you will comply with all regulatory requirements and obligations.
7. You must ensure that all your advertising literature, application documents and all procedures whether relating to work before or after a loan is made comply with all requirements of the law and of regulatory bodies relating to the provision of loans. You will need to consider in particular the various provisions made under the Consumer Credit Act, the fair processing information provisions of the Data Protection Xxx 0000, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (from and including 25 May 2018) any other applicable law in any relevant jurisdiction that applies to the processing of data relating to living persons, in each case as amended or replaced from time to time (“Data Protection Laws”), and the guidance issued by the Office of the Information Commissioner, the provisions of the Financial Conduct Authority handbook and all other relevant regulatory or trade bodies. It is understood that understand that:
(i) Octopus Real Estate may pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft; and
(ii) if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
8. The arrangement with us is not an exclusive one, so you may if you wish deal with other lenders or packagers and we may deal with any other introducers as we wish. Both of us may at any time write to the other and end this arrangement, no notice period being necessary. On any such termination, we shall be under no obligation to continue processing or considering any application previously submitted through you.
9. If you break any of these terms, you will indemnify us against all losses arising from such failure or breach, including the reasonable administrative and other costs of dealing with them. This indemnity will include any actual loss suffered and the full cost of our administrative time involved in handling the complaint, as well as the full amount of any professional or other fees or disbursements incurred in the course of dealing with the complaint.
10. This agreement will be reviewed on a quarterly basis and will assessed based on the quality and volume of business transacted. I/We agree and authorise Octopus Real Estate to:
(a) make searches of the records at fraud prevention agencies who may provide Octopus Real Estate with information; and,
(b) make such enquiries of any person or organization, as Octopus Real Estate considers necessary in connection with this application; and,
(c) pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft.
(d) I/We understand that if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
Appears in 1 contract
Data Protection Compliance. Are you aware 16.1 All instructions given by the Data Controller to the Data Processor shall be made in writing and shall at all times be in compliance with Applicable Data Protection Laws. The Data Processor shall act only on such written instructions from the Data Controller unless the Data Processor is required by Applicable Laws to do otherwise. Where the Data Processor is relying on Applicable Laws as the basis for processing Personal Data, the Data Processor shall promptly notify the Data Controller of this before performing the processing required by Applicable Laws unless those Applicable Laws prohibit the Data Processor from so notifying the Data Controller on important grounds of public interest.
16.2 The Data Processor shall promptly comply with any request from the Data Controller requiring the Data Processor to amend, transfer, delete, or otherwise dispose of the Personal Data.
16.3 The Data Processor shall transfer all Personal Data to the Data Controller on the Data Controller’s request in the formats, at the times, and are you compliant in compliance with the provisions of Data Controller’s written instructions.
16.4 Both Parties shall comply at all times with Applicable Data Protection Laws (as defined in paragraph 7 below)? Have you registered with the Information Commissioners Office (ICO)? Yes Yes No No
1. This application is made by the intermediary named overleaf (“You”). Once accepted by Octopus Real Estate, which is the trading name of each subsidiary company and subsidiary undertaking from time to time of [Octopus Investments Limited], including, without limitation, Bridgeco Ltd, Fern Trading Ltd and Octopus Property Lending Ltd (“we/ us”), a contract will be created between You and Us which incorporates all the terms shown on any page of shall not perform their obligations under this document.
2. We reserve the right to reject any application for a loan.
3. We will pay commission in respect of completed deals on the scale agreed with your Octopus Business Development Manager. The commission payable may be varied from time to time and we will write to you with updates as appropriate.
4. If You need to make any changes to this agreement, please notify us in writing on company headed paper.
5. If You deal with any work requiring authorisation under the Financial Services and Markets Act Agreement or any other legislationagreement or arrangement between themselves in such way as to cause either Party to breach any of its applicable obligations under Applicable Data Protection Laws.
16.5 The Data Controller hereby warrants, You must maintain proper authorisation from represents, and undertakes that the Financial Conduct Authority Personal Data shall comply with Applicable Data Protection Laws in all respects including, but not limited to, its collection, holding, and / processing.
16.6 The Data Processor agrees to comply with any reasonable measures required by the Data Controller to ensure that its obligations under this Agreement are satisfactorily performed in accordance with Applicable Data Protection Laws and any best practice guidance issued by the ICO.
16.7 The Data Processor shall provide all reasonable assistance (at the Data Controller’s cost) to the Data Controller in complying with its obligations under Applicable Data Protection Laws with respect to the security of processing, the notification of personal data breaches, the conduct of data protection impact assessments, and in dealings with the ICO or any other relevant body. You must produce these to us for inspection when requested. You must notify us of any correspondence you receive from any relevant enforcement or regulatory body which alleges any failure by You to observe their requirements. You must also notify us of any events known to You which might give rise to such correspondence if those events were known to the relevant supervisory authority or regulator.
6. Where You are introducing any loan 16.8 When processing the Personal Data on behalf of the Data Controller, the Data Processor shall:
16.8.1 be permitted to Us including Consumer Credit exempt loans You warrant transfer the Personal Data outside the United Kingdom (“UK”) provided that you will comply with all regulatory requirements and obligations.
7. You must the Data Processor shall ensure that all your advertising literaturesuch transfers are effected in accordance with Applicable Data Protection Laws. For these purposes, application documents and all procedures whether relating to work before or after a loan is made the Data Controller shall promptly comply with all requirements of the law and of regulatory bodies relating to the provision of loans. You will need to consider in particular the various provisions made under the Consumer Credit Act, the fair processing information provisions any reasonable request of the Data Protection Xxx 0000Processor, including any request to enter into standard data protection clauses adopted by the EU General Data Protection Regulation (Regulation (EU) 2016/679) (from and including 25 May 2018) any other applicable law in any relevant jurisdiction that applies to the processing of data relating to living persons, in each case as amended or replaced Commission from time to time (“where the EU GDPR applies to the transfer) or adopted by the UK Information Commissioner from time to time (where the UK GDPR applies to the transfer);
16.8.2 implement appropriate technical and organisational measures, as described in Schedule 3, and take all steps necessary to protect the Personal Data against unauthorised or unlawful processing, accidental loss, destruction, damage, alteration, or disclosure. The Data Processor shall inform the Data Controller in advance of any changes to such measures;
16.8.3 if so requested by the Data Controller (and within the timescales required by the Data Controller) supply further details of the technical and organisational systems in place to safeguard the security of the Personal Data held and to prevent unauthorised access;
16.8.4 keep detailed records of all processing activities carried out on the Personal Data in accordance with the requirements of Article 30(2) of the UK GDPR;
16.8.5 make available to the Data Controller any and all such information as is reasonably required and necessary to demonstrate the Data Processor’s compliance with Applicable Data Protection Laws”);
16.8.6 on reasonable prior notice, submit to audits and inspections and provide the guidance issued by the Office of the Information Commissioner, Data Controller with any information reasonably required in order to assess and verify compliance with the provisions of this Agreement and both Parties’ compliance with the Financial Conduct Authority handbook and all other relevant regulatory or trade bodies. It is understood that understand that:
(i) Octopus Real Estate may pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theftrequirements of Applicable Data Protection Laws; and
(ii) 16.8.7 inform the Data Controller immediately if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record thisit is asked to do anything that infringes Applicable Data Protection Laws.
8. The arrangement with us is not an exclusive one, so you may if you wish deal with other lenders or packagers and we may deal with any other introducers as we wish. Both of us may at any time write to the other and end this arrangement, no notice period being necessary. On any such termination, we shall be under no obligation to continue processing or considering any application previously submitted through you.
9. If you break any of these terms, you will indemnify us against all losses arising from such failure or breach, including the reasonable administrative and other costs of dealing with them. This indemnity will include any actual loss suffered and the full cost of our administrative time involved in handling the complaint, as well as the full amount of any professional or other fees or disbursements incurred in the course of dealing with the complaint.
10. This agreement will be reviewed on a quarterly basis and will assessed based on the quality and volume of business transacted. I/We agree and authorise Octopus Real Estate to:
(a) make searches of the records at fraud prevention agencies who may provide Octopus Real Estate with information; and,
(b) make such enquiries of any person or organization, as Octopus Real Estate considers necessary in connection with this application; and,
(c) pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft.
(d) I/We understand that if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
Appears in 1 contract
Samples: Master Services Agreement
Data Protection Compliance. Are you aware of 1.1 All instructions given by the Data Controller to the Data Processor shall be made in writing and are you compliant shall at all times be in compliance with the provisions of GDPR and other applicable laws. The Data Protection Laws Processor shall act only on such written instructions from the Data Controller unless the Data Processor is required by law to do otherwise (as defined per Article 29 of the GDPR).
1.2 The Data Processor shall promptly comply with any request from the Data Controller requiring the Data Processor to amend, transfer, delete, or otherwise dispose of the Personal Data.
1.3 The Data Processor shall transfer all Personal Data to the Data Controller on the Data Controller’s request in paragraph 7 below)? Have you registered the format chosen by the Data Processor and in compliance with the Information Commissioners Office (ICO)? Yes Yes No No
1. This application is made by the intermediary named overleaf (“You”). Once accepted by Octopus Real Estate, which is the trading name of each subsidiary company and subsidiary undertaking from time to time of [Octopus Investments Limited], including, without limitation, Bridgeco Ltd, Fern Trading Ltd and Octopus Property Lending Ltd (“we/ us”), a contract will be created between You and Us which incorporates all the terms shown on any page of this documentData Controller’s written instructions.
2. We reserve 1.4 Both Parties shall comply at all times with the right to reject any application for a loan.
3. We will pay commission in respect of completed deals on the scale agreed with your Octopus Business Development Manager. The commission payable may be varied from time to time GDPR and we will write to you with updates as appropriate.
4. If You need to make any changes to other applicable laws and shall not perform their obligations under this agreement, please notify us in writing on company headed paper.
5. If You deal with any work requiring authorisation under the Financial Services and Markets Act Agreement or any other legislationagreement or arrangement between themselves in such way as to cause either Party to breach any of its applicable obligations under the GDPR.
1.5 The Data Controller hereby warrants, You must maintain proper authorisation represents, and undertakes that the Personal Data shall comply with the GDPR in all respects including, but not limited to, its collection, holding, and processing.
1.6 All data sourced by the Data Controller for use in connection with the Service, prior to such data being provided to or accessed by the Data Processor for the performance of the Services under the Agreement, shall comply in all respects, including in terms of its collection, storage and processing (which shall include the Data Controller providing all of the required fair processing information to, and obtaining all necessary consents from, Data Subjects), with Data Protection Laws;
1.7 If the Data Processor’s assistance is necessary and relevant, the Data Processor shall provide all reasonable assistance (at the Data Controller’s cost) to the Data Controller in complying with its obligations under the GDPR with respect to the security of processing, the notification of personal data breaches, the conduct of data protection impact assessments, and in dealings with the ICO.
1.8 When processing the Personal Data on behalf of the Data Controller, the Data Processor shall:
8.a.1 process the Personal Data only to the extent, and in such manner, as is necessary in order to comply with its obligations to the Data Controller or as may be required by law (in which case, the Data Processor shall inform the Data Controller of the legal requirement in question before processing the Personal Data for that purpose unless prohibited from doing so by law);
8.a.2 implement appropriate technical and organisational measures and take all steps necessary to protect the Financial Conduct Authority Personal Data against unauthorised or unlawful processing, accidental loss, destruction, damage, alteration, or disclosure.
8.a.3 if so requested by the Data Controller supply further details of the technical and / organisational systems in place to safeguard the security of the Personal Data held and to prevent unauthorised access;
8.a.4 make available to the Data Controller any and all such information as is reasonably required and necessary to demonstrate the Data Processor’s compliance with the GDPR;
8.a.5 inform the Data Controller immediately if it is asked to do anything that infringes the GDPR or any other relevant body. You must produce these to us for inspection when requested. You must notify us of any correspondence you receive from any relevant enforcement or regulatory body which alleges any failure by You to observe their requirements. You must also notify us of any events known to You which might give rise to such correspondence if those events were known to the relevant authority or regulatorapplicable data protection legislation.
6. Where You are introducing any loan to Us including Consumer Credit exempt loans You warrant that you will comply with all regulatory requirements and obligations.
7. You must ensure that all your advertising literature, application documents and all procedures whether relating to work before or after a loan is made comply with all requirements of the law and of regulatory bodies relating to the provision of loans. You will need to consider in particular the various provisions made under the Consumer Credit Act, the fair processing information provisions of the Data Protection Xxx 0000, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (from and including 25 May 2018) any other applicable law in any relevant jurisdiction that applies to the processing of data relating to living persons, in each case as amended or replaced from time to time (“Data Protection Laws”), and the guidance issued by the Office of the Information Commissioner, the provisions of the Financial Conduct Authority handbook and all other relevant regulatory or trade bodies. It is understood that understand that:
(i) Octopus Real Estate may pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft; and
(ii) if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
8. The arrangement with us is not an exclusive one, so you may if you wish deal with other lenders or packagers and we may deal with any other introducers as we wish. Both of us may at any time write to the other and end this arrangement, no notice period being necessary. On any such termination, we shall be under no obligation to continue processing or considering any application previously submitted through you.
9. If you break any of these terms, you will indemnify us against all losses arising from such failure or breach, including the reasonable administrative and other costs of dealing with them. This indemnity will include any actual loss suffered and the full cost of our administrative time involved in handling the complaint, as well as the full amount of any professional or other fees or disbursements incurred in the course of dealing with the complaint.
10. This agreement will be reviewed on a quarterly basis and will assessed based on the quality and volume of business transacted. I/We agree and authorise Octopus Real Estate to:
(a) make searches of the records at fraud prevention agencies who may provide Octopus Real Estate with information; and,
(b) make such enquiries of any person or organization, as Octopus Real Estate considers necessary in connection with this application; and,
(c) pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft.
(d) I/We understand that if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
Appears in 1 contract
Samples: Data Processing Agreement
Data Protection Compliance. Are you aware 4.1 All instructions given by the Controller to the Processor shall be made in writing and shall at all times be in compliance with the Data Protection Legislation. The Processor shall act only on such written instructions from the Controller unless the Processor is required by law to do otherwise (as per Article 29 of the UK GDPR).
4.2 The Processor shall promptly comply with any request from the Controller requiring the Processor to amend, transfer, delete, or otherwise dispose of the Personal Data, or to stop, mitigate, or remedy any unauthorised processing.
4.3 The Processor shall transfer all Personal Data to the Controller on the Controller’s request in the formats, at the times, and in compliance with, the Controller’s written instructions.
4.4 Both Parties shall comply at all times with the Data Protection Legislation and shall not perform their obligations under this Agreement or any other agreement or arrangement between them in such way as to cause either Party to breach any of its applicable obligations under the Data Protection Legislation.
4.5 The Controller hereby warrants, represents, and undertakes that the Personal Data shall comply with the Data Protection Legislation in all respects including, but not limited to, its collection, holding, and processing, and that the Controller has in place all necessary and appropriate consents and notices to enable the lawful transfer of the Personal Data to the Processor.
4.6 The Processor agrees to comply with any reasonable measures required by the Controller to ensure that its obligations under this Agreement are you compliant satisfactorily performed in accordance with the Data Protection Legislation and any best practice guidance issued by the Commissioner.
4.7 The Processor shall provide all reasonable assistance, at the Controller’s cost, to the Controller in complying with its obligations under the Data Protection Legislation with respect to the security of processing, the notification of Personal Data Breaches, the conduct of data protection impact assessments, and in dealings with the Commissioner. What is reasonable, for the purposes of this sub-Clause shall take account of the nature of the Processor’s processing and the information available to the Processor.
4.8 The Processor shall notify the Controller in a timely manner of any changes to the Data Protection Legislation that may adversely affect its performance of the Services or of its obligations under this Agreement.
4.9 When processing the Personal Data on behalf of the Controller, the Processor shall:
a) not transfer the Personal Data outside the United Kingdom without the prior written consent of the Controller;
b) not transfer any of the Personal Data to any third party without the written consent of the Controller and, in the event of such consent, the Personal Data shall be transferred strictly subject to the terms of a suitable agreement, as set out in Clause 11;
c) process the Personal Data only to the extent, and in such manner, as is necessary in order to comply with its obligations to the Controller or as may be required by law (in which case, the Processor shall inform the Controller of the legal requirement in question before processing the Personal Data for that purpose unless prohibited from doing so by law);
d) implement appropriate technical and organisational measures, including those described in Schedule 3, and take all steps necessary to protect the Personal Data against accidental, unauthorised, or unlawful processing, access, copying, modification, reproduction, display, or distribution of the Personal Data, and against its accidental or unlawful loss, destruction, alteration, disclosure, or damage. The Processor shall inform the Controller in advance of any changes to such measures;
e) implement measures to ensure a level of security proportionate to the risks involved including, as appropriate:
i) the pseudonymisation and encryption of Personal Data;
ii) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services;
iii) the ability to restore the availability and access to the Personal Data in a timely manner in the event of a physical or technical incident; and
iv) a process for regularly testing, assessing, and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing;
f) if so requested by the Controller (and within the timescales required by the Controller) supply further details of the technical and organisational systems in place to safeguard the security of the Personal Data held and to prevent unauthorised access;
g) keep complete and accurate records and information concerning all processing activities carried out on the Personal Data in order to demonstrate its compliance with this Agreement and the Data Protection Legislation;
h) make available to the Controller any and all such information as is reasonably required and necessary to demonstrate the Processor’s compliance with the Data Protection Legislation;
i) on reasonable prior notice, submit to audits and inspections and provide the Controller with any information reasonably required in order to assess and verify compliance with the provisions of Data Protection Laws (as defined in paragraph 7 below)? Have you registered this Agreement and both Parties’ compliance with the Information Commissioners Office (ICO)? Yes Yes No No
1. This application is made by the intermediary named overleaf (“You”). Once accepted by Octopus Real Estate, which is the trading name of each subsidiary company and subsidiary undertaking from time to time of [Octopus Investments Limited], including, without limitation, Bridgeco Ltd, Fern Trading Ltd and Octopus Property Lending Ltd (“we/ us”), a contract will be created between You and Us which incorporates all the terms shown on any page of this document.
2. We reserve the right to reject any application for a loan.
3. We will pay commission in respect of completed deals on the scale agreed with your Octopus Business Development Manager. The commission payable may be varied from time to time and we will write to you with updates as appropriate.
4. If You need to make any changes to this agreement, please notify us in writing on company headed paper.
5. If You deal with any work requiring authorisation under the Financial Services and Markets Act or any other legislation, You must maintain proper authorisation from the Financial Conduct Authority and / or any other relevant body. You must produce these to us for inspection when requested. You must notify us of any correspondence you receive from any relevant enforcement or regulatory body which alleges any failure by You to observe their requirements. You must also notify us of any events known to You which might give rise to such correspondence if those events were known to the relevant authority or regulator.
6. Where You are introducing any loan to Us including Consumer Credit exempt loans You warrant that you will comply with all regulatory requirements and obligations.
7. You must ensure that all your advertising literature, application documents and all procedures whether relating to work before or after a loan is made comply with all requirements of the law and of regulatory bodies relating to the provision of loans. You will need to consider in particular the various provisions made under the Consumer Credit Act, the fair processing information provisions of the Data Protection Xxx 0000, Legislation. The requirement to give notice will not apply if the EU General Data Protection Regulation (Regulation (EU) 2016/679) (from and including 25 May 2018) Controller believes that the Processor is in breach of any other applicable law in any relevant jurisdiction that applies to of its obligations under this Agreement or under the processing of data relating to living persons, in each case as amended or replaced from time to time (“Data Protection Laws”), and the guidance issued by the Office of the Information Commissioner, the provisions of the Financial Conduct Authority handbook and all other relevant regulatory or trade bodies. It is understood that understand that:
(i) Octopus Real Estate may pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theftlaw; and
(iij) inform the Controller immediately if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record thisit is asked to do anything that infringes the Data Protection Legislation.
8. The arrangement with us is not an exclusive one, so you may if you wish deal with other lenders or packagers and we may deal with any other introducers as we wish. Both of us may at any time write to the other and end this arrangement, no notice period being necessary. On any such termination, we shall be under no obligation to continue processing or considering any application previously submitted through you.
9. If you break any of these terms, you will indemnify us against all losses arising from such failure or breach, including the reasonable administrative and other costs of dealing with them. This indemnity will include any actual loss suffered and the full cost of our administrative time involved in handling the complaint, as well as the full amount of any professional or other fees or disbursements incurred in the course of dealing with the complaint.
10. This agreement will be reviewed on a quarterly basis and will assessed based on the quality and volume of business transacted. I/We agree and authorise Octopus Real Estate to:
(a) make searches of the records at fraud prevention agencies who may provide Octopus Real Estate with information; and,
(b) make such enquiries of any person or organization, as Octopus Real Estate considers necessary in connection with this application; and,
(c) pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft.
(d) I/We understand that if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
Appears in 1 contract
Samples: Data Processing Agreement
Data Protection Compliance. Are you aware of and are you compliant with the provisions of Data Protection Laws (as defined in paragraph 7 below)? Yes No Have you registered with the Information Commissioners Office (ICO)? Yes Yes No No
1. This application is made by the intermediary named overleaf (“You”). Once accepted by Octopus Real Estate, which is the trading name of each subsidiary company and subsidiary undertaking from time to time of [Octopus Investments Limited], including, without limitation, Bridgeco Ltd, Fern Trading Ltd and Octopus Property Lending Ltd (“we/ we/us”), a contract will be created between You and Us which incorporates all the terms shown on any page of this document.
2. We reserve the right to reject any application for a loan.
3. We will pay commission in respect of completed deals on the scale agreed with your Octopus Business Development Manager. The commission payable may be varied from time to time and we will write to you with updates as appropriate.
4. If You need to make any changes to this agreement, please notify us in writing on company headed paper.
5. If You deal with any work requiring authorisation under the Financial Services and Markets Act or any other legislation, You must maintain proper authorisation from the Financial Conduct Authority and / or /or any other relevant body. You must produce these to us for inspection when requested. You must notify us of any correspondence you receive from any relevant enforcement or regulatory body which alleges any failure by You to observe their requirements. You must also notify us of any events known to You which might give rise to such correspondence if those events were known to the relevant authority or regulator.
6. Where You are introducing any loan to Us including Consumer Credit exempt loans You warrant that you will comply with all regulatory requirements and obligations.
7. You must ensure that all your advertising literature, application documents and all procedures whether relating to work before or after a loan is made comply with all requirements of the law and of regulatory bodies relating to the provision of loans. You will need to consider in particular the various provisions made under the Consumer Credit Act, the fair processing information provisions of the Data Protection Xxx 0000, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (from and including 25 May 2018) any other applicable law in any relevant jurisdiction that applies to the processing of data relating to living persons, in each case as amended or replaced from time to time (“Data Protection Laws”), and the guidance issued by the Office of the Information Commissioner, the provisions of the Financial Conduct Authority handbook and all other relevant regulatory or trade bodies. It is understood that understand that:
(i) Octopus Real Estate may pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft; and
(ii) if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
8. The arrangement with us is not an exclusive one, so you may if you wish deal with other lenders or packagers and we may deal with any other introducers as we wish. Both of us may at any time write to the other and end this arrangement, no notice period being necessary. On any such termination, we shall be under no obligation to continue processing or considering any application previously submitted through you.
9. If you break any of these terms, you will indemnify us against all losses arising from such failure or breach, including the reasonable administrative and other costs of dealing with them. This indemnity will include any actual loss suffered and the full cost of our administrative time involved in handling the complaint, as well as the full amount of any professional or other fees or disbursements incurred in the course of dealing with the complaint.
10. This agreement will be reviewed on a quarterly basis and will assessed based on the quality and volume of business transacted. I/We agree and authorise Octopus Real Estate to:
(a) make searches of the records at fraud prevention agencies who may provide Octopus Real Estate with information; and,
(b) make such enquiries of any person or organization, as Octopus Real Estate considers necessary in connection with this application; and,
(c) pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft.
(d) I/We understand that if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
Appears in 1 contract
Samples: Intermediary Agreement
Data Protection Compliance. Are you aware All instructions given by the Data Controller to the Data Processor shall be made in writing and shall at all times be in compliance with the GDPR and other applicable laws. The Data Processor shall act only on such written instructions from the Data Controller unless the Data Processor is required by law to do otherwise (as per Article 29 of the GDPR). The Data Processor shall promptly comply with any request from the Data Controller requiring the Data Processor to amend, transfer, delete, or otherwise dispose of the Personal Data. The Data Processor shall transfer all Personal Data to the Data Controller on the Data Controller’s request in the formats, at the times, and in compliance with the Data Controller’s written instructions. Both Parties shall comply at all times with the GDPR and other applicable laws and shall not perform their obligations under this Agreement or any other agreement or arrangement between themselves in such way as to cause either Party to breach any of its applicable obligations under the GDPR. The Data Controller hereby warrants, represents, and undertakes that the Personal Data shall comply with the GDPR in all respects including, but not limited to, its collection, holding, and processing. The Data Processor agrees to comply with any reasonable measures required by the Data Controller to ensure that its obligations under this Agreement are you compliant satisfactorily performed in accordance with any and all applicable legislation from time to time in force (including, but not limited to, the GDPR) and any best practice guidance issued by the ICO. The Data Processor shall provide all reasonable assistance (at the Data Controller’s cost) to the Data Controller in complying with its obligations under the GDPR with respect to the security of processing, the notification of personal data breaches, the conduct of data protection impact assessments, and in dealings with the ICO. When processing the Personal Data on behalf of the Data Controller, the Data Processor shall: not process the Personal Data outside the United Kingdom without the prior written consent of the Data Controller and, where the Data Controller consents to such a transfer to a country that is outside of the EEA, to comply with the obligations of Data Processors under the provisions applicable to transfers of Personal Data to third countries set out in Chapter 5 of the GDPR by providing an adequate level of protection to any Personal Data that is transferred; not transfer any of the Personal Data to any third party without the written consent of the Data Controller and, in the event of such consent, the Personal Data shall be transferred strictly subject to the terms of a suitable agreement, as set out in Clause 10; process the Personal Data only to the extent, and in such manner, as is necessary in order to comply with its obligations to the Data Controller or as may be required by law (in which case, the Data Processor shall inform the Data Controller of the legal requirement in question before processing the Personal Data for that purpose unless prohibited from doing so by law); implement appropriate technical and organisational measures, as described in Schedule 1, and take all steps necessary to protect the Personal Data against unauthorised or unlawful processing, accidental loss, destruction, damage, alteration, or disclosure. The Data Processor shall inform the Data Controller in advance of any changes to such measures; if so requested by the Data Controller (and within the timescales required by the Data Controller) supply further details of the technical and organisational systems in place to safeguard the security of the Personal Data held and to prevent unauthorised access; make available to the Data Controller any and all such information as is reasonably required and necessary to demonstrate the Data Processor’s compliance with the GDPR; on reasonable prior notice, submit to audits and inspections and provide the Data Controller with any information reasonably required in order to assess and verify compliance with the provisions of Data Protection Laws (as defined in paragraph 7 below)? Have you registered this Agreement and both Parties’ compliance with the Information Commissioners Office (ICO)? Yes Yes No No
1. This application is made by requirements of the intermediary named overleaf (“You”). Once accepted by Octopus Real Estate, which is the trading name of each subsidiary company and subsidiary undertaking from time to time of [Octopus Investments Limited], including, without limitation, Bridgeco Ltd, Fern Trading Ltd and Octopus Property Lending Ltd (“we/ us”), a contract will be created between You and Us which incorporates all the terms shown on any page of this document.
2. We reserve the right to reject any application for a loan.
3. We will pay commission in respect of completed deals on the scale agreed with your Octopus Business Development ManagerGDPR. The commission payable may be varied from time requirement to time and we give notice will write to you with updates as appropriate.
4. If You need to make not apply if the Data Controller believes that the Data Processor is in breach of any changes to of its obligations under this agreement, please notify us in writing on company headed paper.
5. If You deal with any work requiring authorisation Agreement or under the Financial Services law; and Markets Act inform the Data Controller immediately if it is asked to do anything that infringes the GDPR or any other applicable data protection legislation. The Data Processor shall , You must maintain proper authorisation at the Data Controller’s cost, assist the Data Controller in complying with its obligations under the GDPR. In particular, the following shall apply to data subject access requests, complaints, and data breaches. The Data Processor shall notify the Data Controller without undue delay if it receives: a subject access request from the Financial Conduct Authority and / a data subject; or any other relevant body. You must produce these to us for inspection when requested. You must notify us of any correspondence you receive from any relevant enforcement complaint or regulatory body which alleges any failure by You to observe their requirements. You must also notify us of any events known to You which might give rise to such correspondence if those events were known to the relevant authority or regulator.
6. Where You are introducing any loan to Us including Consumer Credit exempt loans You warrant that you will comply with all regulatory requirements and obligations.
7. You must ensure that all your advertising literature, application documents and all procedures whether request relating to work before or after a loan is made comply with all requirements of the law and of regulatory bodies relating to the provision of loans. You will need to consider in particular the various provisions made under the Consumer Credit Act, the fair processing information provisions of the Data Protection Xxx 0000, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (from and including 25 May 2018) any other applicable law in any relevant jurisdiction that applies to the processing of the Personal Data. The Data Processor shall ,at the Data Controller’s cost, cooperate fully with the Data Controller and assist as required in relation to any subject access request, complaint, or other request, including by: providing the Data Controller with full details of the complaint or request; providing the necessary information and assistance in order to comply with a subject access request; providing the Data Controller with any Personal Data it holds in relation to a data relating to living persons, in each case as amended or replaced from time to time subject (“Data Protection Laws”), and within the guidance issued timescales required by the Office of Data Controller); and providing the Information Commissioner, the provisions of the Financial Conduct Authority handbook and all other relevant regulatory or trade bodies. It is understood that understand that:
(i) Octopus Real Estate may pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft; and
(ii) if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
8. The arrangement with us is not an exclusive one, so you may if you wish deal with other lenders or packagers and we may deal Data Controller with any other introducers as we wishinformation requested by the Data Controller. Both The Data Processor shall notify the Data Controller immediately if it becomes aware of us may at any time write to the other and end this arrangement, no notice period being necessary. On any such termination, we shall be under no obligation to continue processing or considering any application previously submitted through you.
9. If you break any form of these terms, you will indemnify us against all losses arising from such failure or Personal Data breach, including the reasonable administrative and other costs of dealing with them. This indemnity will include any actual unauthorised or unlawful processing, loss suffered and the full cost of our administrative time involved in handling the complaintof, as well as the full amount damage to, or destruction of any professional or other fees or disbursements incurred in the course of dealing with the complaint.
10. This agreement will be reviewed on a quarterly basis and will assessed based on the quality and volume of business transacted. I/We agree and authorise Octopus Real Estate to:
(a) make searches of the records Personal Data. The Data Controller has appointed a Data Protection Officer in accordance with Article 37 of the GDPR, whose details are as follows: Xxxx Xxxxxx contactable at fraud prevention agencies who may provide Octopus Real Estate with information; and,
(b) make such enquiries of any person or organization, as Octopus Real Estate considers necessary in connection with this application; and,
(c) pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft.
(d) I/We understand that if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.xxxxxxx@xxxxxxxxxxxxxxxxxxxx.xxx
Appears in 1 contract
Samples: Data Processing Agreement
Data Protection Compliance. Are you aware 4.1 All instructions given by the Controller to the Processor shall be made in writing and shall at all times be in compliance with the Data Protection Legislation. The Processor shall act only on such written instructions from the Controller unless the Processor is required by law to do otherwise (as per Article 29 of the UK GDPR).
4.2 The Processor shall promptly comply with any request from the Controller requiring the Processor to amend, transfer, delete, or otherwise dispose of the Personal Data, or to stop, mitigate, or remedy any unauthorised processing.
4.3 The Processor shall transfer all Personal Data to the Controller on the Controller’s request in the formats, at the times, and in compliance with, the Controller’s written instructions.
4.4 Both Parties shall comply at all times with the Data Protection Legislation and shall not perform their obligations under this Agreement or any other agreement or arrangement between them in such way as to cause either Party to breach any of its applicable obligations under the Data Protection Legislation.
4.5 The Controller hereby warrants, represents, and undertakes that the Personal Data shall comply with the Data Protection Legislation in all respects including, but not limited to, its collection, holding, and processing, and that the Controller has in place all necessary and appropriate consents and notices to enable the lawful transfer of the Personal Data to the Processor.
4.6 The Processor agrees to comply with any reasonable measures required by the Controller to ensure that its obligations under this Agreement are you compliant satisfactorily performed in accordance with the Data Protection Legislation and any best practice guidance issued by the Commissioner.
4.7 The Processor shall provide all reasonable assistance (at the Controller’s cost) to the Controller in complying with its obligations under the Data Protection Legislation with respect to the security of processing, the notification of Personal Data Breaches, the conduct of data protection impact assessments, and in dealings with the Commissioner. What is reasonable, for the purposes of this sub-Clause 4.7 shall take account of the nature of the Processor’s processing and the information available to the Processor.
4.8 The Processor shall notify the Controller in a timely manner of any changes to the Data Protection Legislation that may adversely affect its performance of the Services or of its obligations under this Agreement.
4.9 When processing the Personal Data on behalf of the Controller, the Processor shall:
4.9.1 not transfer the Personal Data outside the United Kingdom without the prior written consent of the Controller;
4.9.2 not transfer any of the Personal Data to any third party without the written consent of the Controller and, in the event of such consent, the Personal Data shall be transferred strictly subject to the terms of a suitable agreement, as set out in Clause 11;
4.9.3 process the Personal Data only to the extent, and in such manner, as is necessary in order to comply with its obligations to the Controller or as may be required by law (in which case, the Processor shall inform the Controller of the legal requirement in question before processing the Personal Data for that purpose unless prohibited from doing so by law);
4.9.4 implement appropriate technical and organisational measures, including those described in Schedule 3, and take all steps necessary to protect the Personal Data against accidental, unauthorised, or unlawful processing, access, copying, modification, reproduction, display, or distribution of the Personal Data, and against its accidental or unlawful loss, destruction, alteration, disclosure, or damage. The Processor shall inform the Controller in advance of any changes to such measures;
4.9.5 implement measures to ensure a level of security proportionate to the risks involved including, as appropriate:
a) the pseudonymisation and encryption of Personal Data;
b) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services;
c) the ability to restore the availability and access to the Personal Data in a timely manner in the event of a physical or technical incident; and
d) a process for regularly testing, assessing, and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing;
4.9.6 if so requested by the Controller (and within the timescales required by the Controller) supply further details of the technical and organisational systems in place to safeguard the security of the Personal Data held and to prevent unauthorised access;
4.9.7 keep complete and accurate records and information concerning all processing activities carried out on the Personal Data in order to demonstrate its compliance with this Agreement and the Data Protection Legislation;
4.9.8 make available to the Controller any and all such information as is reasonably required and necessary to demonstrate the Processor’s compliance with the Data Protection Legislation;
4.9.9 with reasonable prior notice, submit to audits and inspections and provide the Controller with any information reasonably required in order to assess and verify compliance with the provisions of Data Protection Laws (as defined in paragraph 7 below)? Have you registered this Agreement and both Parties’ compliance with the Information Commissioners Office (ICO)? Yes Yes No No
1. This application is made by the intermediary named overleaf (“You”). Once accepted by Octopus Real Estate, which is the trading name of each subsidiary company and subsidiary undertaking from time to time of [Octopus Investments Limited], including, without limitation, Bridgeco Ltd, Fern Trading Ltd and Octopus Property Lending Ltd (“we/ us”), a contract will be created between You and Us which incorporates all the terms shown on any page of this document.
2. We reserve the right to reject any application for a loan.
3. We will pay commission in respect of completed deals on the scale agreed with your Octopus Business Development Manager. The commission payable may be varied from time to time and we will write to you with updates as appropriate.
4. If You need to make any changes to this agreement, please notify us in writing on company headed paper.
5. If You deal with any work requiring authorisation under the Financial Services and Markets Act or any other legislation, You must maintain proper authorisation from the Financial Conduct Authority and / or any other relevant body. You must produce these to us for inspection when requested. You must notify us of any correspondence you receive from any relevant enforcement or regulatory body which alleges any failure by You to observe their requirements. You must also notify us of any events known to You which might give rise to such correspondence if those events were known to the relevant authority or regulator.
6. Where You are introducing any loan to Us including Consumer Credit exempt loans You warrant that you will comply with all regulatory requirements and obligations.
7. You must ensure that all your advertising literature, application documents and all procedures whether relating to work before or after a loan is made comply with all requirements of the law and of regulatory bodies relating to the provision of loans. You will need to consider in particular the various provisions made under the Consumer Credit Act, the fair processing information provisions of the Data Protection Xxx 0000, Legislation. The requirement to give notice will not apply if the EU General Data Protection Regulation (Regulation (EU) 2016/679) (from and including 25 May 2018) Controller believes that the Processor is in breach of any other applicable law in any relevant jurisdiction that applies to of its obligations under this Agreement or under the processing of data relating to living persons, in each case as amended or replaced from time to time (“Data Protection Laws”), and the guidance issued by the Office of the Information Commissioner, the provisions of the Financial Conduct Authority handbook and all other relevant regulatory or trade bodies. It is understood that understand that:
(i) Octopus Real Estate may pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theftlaw; and
(ii) 4.9.10 inform the Controller immediately if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record thisit is asked to do anything that infringes the Data Protection Legislation.
8. The arrangement with us is not an exclusive one, so you may if you wish deal with other lenders or packagers and we may deal with any other introducers as we wish. Both of us may at any time write to the other and end this arrangement, no notice period being necessary. On any such termination, we shall be under no obligation to continue processing or considering any application previously submitted through you.
9. If you break any of these terms, you will indemnify us against all losses arising from such failure or breach, including the reasonable administrative and other costs of dealing with them. This indemnity will include any actual loss suffered and the full cost of our administrative time involved in handling the complaint, as well as the full amount of any professional or other fees or disbursements incurred in the course of dealing with the complaint.
10. This agreement will be reviewed on a quarterly basis and will assessed based on the quality and volume of business transacted. I/We agree and authorise Octopus Real Estate to:
(a) make searches of the records at fraud prevention agencies who may provide Octopus Real Estate with information; and,
(b) make such enquiries of any person or organization, as Octopus Real Estate considers necessary in connection with this application; and,
(c) pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft.
(d) I/We understand that if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
Appears in 1 contract
Samples: Data Processing Agreement
Data Protection Compliance. Are you aware 4.1 All instructions given by the Controller to the Processor shall be made in writing and shall at all times be in compliance with the UK GDPR and other applicable laws. The Processor shall act only on such written instructions from the Controller unless the Processor is required by law to do otherwise (as per Article 29 of the UK GDPR).
4.2 The Processor shall promptly comply with any request from the Controller requiring the Processor to amend, transfer, delete, or otherwise dispose of the Personal Data.
4.3 The Processor shall transfer all Personal Data to the Controller on the Controller’s request in the formats, at the times, and in compliance with the Controller’s written instructions.
4.4 Both Parties shall comply at all times with the UK GDPR and other applicable laws and shall not perform their obligations under this Agreement or any other agreement or arrangement between themselves in such way as to cause either Party to breach any of its applicable obligations under the UK GDPR.
4.5 The Controller hereby warrants, represents, and undertakes that the Personal Data shall comply with the UK GDPR in all respects including, but not limited to, its collection, holding, and processing.
4.6 The Processor agrees to comply with any reasonable measures required by the Data Controller to ensure that its obligations under this Agreement are you compliant satisfactorily performed in accordance with any and all applicable legislation from time to time in force (including, but not limited to, the UK GDPR) and any best practice guidance issued by the ICO.
4.7 The Processor shall provide all reasonable assistance (at the Controller’s cost) to the Controller in complying with its obligations under the UK GDPR with respect to the security of processing, the notification of personal data breaches, the conduct of data protection impact assessments, and in dealings with the ICO.
4.8 When processing the Personal Data on behalf of the Controller, the Processor shall:
4.8.1 not process the Personal Data outside the United Kingdom without the prior written consent of the Controller and, where the Controller consents to such a transfer to a country that is outside of the UK and EEA, to comply with the obligations of Processors under the provisions applicable to transfers of Personal Data to third countries set out in Chapter 5 of the UK GDPR by providing an adequate level of protection to any Personal Data that is transferred;
4.8.2 not transfer any of the Personal Data to any third party without the written consent of the Controller and, in the event of such consent, the Personal Data shall be transferred strictly subject to the terms of a suitable agreement, as set out in Clause 10;
4.8.3 process the Personal Data only to the extent, and in such manner, as is necessary in order to comply with its obligations to the Controller or as may be required by law (in which case, the Processor shall inform the Controller of the legal requirement in question before processing the Personal for that purpose unless prohibited from doing so by law);
4.8.4 implement appropriate technical and organisational measures, as described in Schedule 3, and take all steps necessary to protect the Personal Data against unauthorised or unlawful processing, accidental loss, destruction, damage, alteration, or disclosure. The Processor shall inform the Controller in advance of any changes to such measures;
4.8.5 if so requested by the Controller (and within the timescales required by the Controller) supply further details of the technical and organisational systems in place to safeguard the security of the Personal Data held and to prevent unauthorised access;
4.8.6 keep detailed records of all processing activities carried out on the Personal Data in accordance with the requirements of Article 30(2) of the UK GDPR;
4.8.7 make available to the Controller any and all such information as is reasonably required and necessary to demonstrate the Processor’s compliance with the UK GDPR;
4.8.8 on at least 30 days’ prior notice, submit to audits and inspections and provide the Controller with any information reasonably required in order to assess and verify compliance with the provisions of Data Protection Laws (as defined in paragraph 7 below)? Have you registered this Agreement and both Parties’ compliance with the Information Commissioners Office (ICO)? Yes Yes No No
1. This application is made by requirements of the intermediary named overleaf (“You”). Once accepted by Octopus Real Estate, which is the trading name of each subsidiary company and subsidiary undertaking from time to time of [Octopus Investments Limited], including, without limitation, Bridgeco Ltd, Fern Trading Ltd and Octopus Property Lending Ltd (“we/ us”), a contract will be created between You and Us which incorporates all the terms shown on any page of this document.
2. We reserve the right to reject any application for a loan.
3. We will pay commission in respect of completed deals on the scale agreed with your Octopus Business Development ManagerUK GDPR. The commission payable may be varied from time requirement to time and we give notice will write to you with updates as appropriate.
4. If You need to make not apply if the Controller believes that the Processor is in breach of any changes to of its obligations under this agreement, please notify us in writing on company headed paper.
5. If You deal with any work requiring authorisation Agreement or under the Financial Services and Markets Act law; and
4.8.9 inform the Controller immediately if it is asked to do anything that infringes the UK GDPR or any other applicable data protection legislation, You must maintain proper authorisation from the Financial Conduct Authority and / or any other relevant body. You must produce these to us for inspection when requested. You must notify us of any correspondence you receive from any relevant enforcement or regulatory body which alleges any failure by You to observe their requirements. You must also notify us of any events known to You which might give rise to such correspondence if those events were known to the relevant authority or regulator.
6. Where You are introducing any loan to Us including Consumer Credit exempt loans You warrant that you will comply with all regulatory requirements and obligations.
7. You must ensure that all your advertising literature, application documents and all procedures whether relating to work before or after a loan is made comply with all requirements of the law and of regulatory bodies relating to the provision of loans. You will need to consider in particular the various provisions made under the Consumer Credit Act, the fair processing information provisions of the Data Protection Xxx 0000, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (from and including 25 May 2018) any other applicable law in any relevant jurisdiction that applies to the processing of data relating to living persons, in each case as amended or replaced from time to time (“Data Protection Laws”), and the guidance issued by the Office of the Information Commissioner, the provisions of the Financial Conduct Authority handbook and all other relevant regulatory or trade bodies. It is understood that understand that:
(i) Octopus Real Estate may pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft; and
(ii) if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
8. The arrangement with us is not an exclusive one, so you may if you wish deal with other lenders or packagers and we may deal with any other introducers as we wish. Both of us may at any time write to the other and end this arrangement, no notice period being necessary. On any such termination, we shall be under no obligation to continue processing or considering any application previously submitted through you.
9. If you break any of these terms, you will indemnify us against all losses arising from such failure or breach, including the reasonable administrative and other costs of dealing with them. This indemnity will include any actual loss suffered and the full cost of our administrative time involved in handling the complaint, as well as the full amount of any professional or other fees or disbursements incurred in the course of dealing with the complaint.
10. This agreement will be reviewed on a quarterly basis and will assessed based on the quality and volume of business transacted. I/We agree and authorise Octopus Real Estate to:
(a) make searches of the records at fraud prevention agencies who may provide Octopus Real Estate with information; and,
(b) make such enquiries of any person or organization, as Octopus Real Estate considers necessary in connection with this application; and,
(c) pass information to financial and other organisations involved in fraud prevention to protect Octopus Real Estate from fraud and theft.
(d) I/We understand that if I/we give Octopus Real Estate false or inaccurate information and Octopus Real Estate suspect fraud, then Octopus Real Estate will record this.
Appears in 1 contract
Samples: Data Processing Agreement