Privacy Policy
Managing Director: Scott Nelson
Malvern Equity is a trading name of MoneyNerd Limited (We/Us/Our),
MoneyNerd, a limited company registered in England and Wales under company number 12915403, whose registered and trading address is The Grange, Grange Road, Malvern, WR14 3HA.
MoneyNerd Limited is registered under the Data Protection Act 2018 with the Information Commissioner’s Office (the, “ICO”). ICO Fee Payer Registration Number: ZB338550
MoneyNerd is a registered trademark. Trademark number: UK00003340161
Email: [email protected]
MoneyNerd Limited’s FCA Firm Reference Number is: 978681
Malvern Equity understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, malvernequity.co.uk, (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site and You will be required to read and accept this Privacy Policy when signing up for an Account. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
As the controller of your data, Malvern Equity complies with the Data Protection and Privacy Electronic Communications (EU Exit) Regulations 2019, which incorporates the EU Regulation 2016/679 General Data Protection Regulation into UK law (“UK GDPR”).
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
The personal data we collect about you
Depending upon your use of Our Site and/or our services, We may collect some or all of the following personal and non-personal data (please see Our use of Cookies detailed in Our Cookie Policy, which is available on our website):
Personal data collected, used, stored and transferred by us may include:
- Identity Data including forenames, last name, maiden name, date of birth, gender, marital status, and username or similar identifier
- Contact Data including home address, email address and telephone numbers
- Financial Data including banks statements, payment card details, savings, debts such as loans and credit cards, income & expenditure, employer & pension benefits, and other assets
- Transaction Data including payments made for products and services you have purchased from us
- Technical Data including internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices used to access the Malvern Equity website
- Profile and Usage Data including purchases made by you, feedback and survey responses, and how you use our website, products and services
- Marketing and Communications Data including your preferences in receiving marketing from us and our business partners and your communication preferences
How do we collect your personal data?
Personal data is collected by us using the following methods:
- Automated technologies or interactions with our website, by using the web enquiry form, processing Identity, Contact, Financial and Technical categories of personal data.
- Third parties or publicly available sources (processing Identity, Contact and Financial categories of personal data) such as enquiries you may have made via our introducers.
How do we use your personal data?
All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the Data Protection Regulations (UK GDPR) at all times. For more details on security see the section below.
Our use of your personal data will always have a lawful basis, either because it is necessary for Our performance of a contract with you, because you have consented to Our use of your personal data (e.g. by subscribing to emails), or because it is in Our legitimate interests (see section below for further information).
We may use your personal data in the following circumstances and relying on the following lawful basis for processing:
| Purpose/Activity | Data Category | Lawful basis |
|---|---|---|
| To contact you to discuss your enquiry/application, to explain the next stages of the process and who your data may be shared with | Identity data Contact data Financial data Transaction data Profile & Usage data Marketing & Communications data |
Necessary for our legitimate interest |
| To manage our relationship with you, for example updating you with changes to our policies, contacting you about products that may be of interest to you. With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email, telephone, text message, and post with information, news and offers on Our products and/or services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the Data Protection Regulations (as may be updated from time to time). |
Identity data Contact data Financial data Transaction data Profile & Usage data Marketing & Communications data |
To comply with a legal/ regulatory obligation |
| To use data analytics to improve our website, services, marketing and customer relationships/experiences, we compile anonymised data for analytical purposes. | Profile & Usage data Technical data |
Necessary for our legitimate interest |
Do We Share Your Data?
We may share your data with other companies for carrying out/putting in place the services or solution that you require.
We will also share your data between the different brands that are owned and operated by MoneyNerd for carrying out/putting in place the services or solution that you require, or the setting up of an account for specific services. Please note that any account that you do create with any of the brands owned by MoneyNerd, including Malvern Equity, will be set up under the MoneyNerd brand.
We may sometimes contract with third parties to supply services to you on Our behalf. These may include search engine facilities, advertising and marketing companies. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
In order to provide you with our services (and comply with our contractual obligations) we may need to share some or all of your personal data with our service providers:
- Debt counselling and debt advice providers (we work with trusted providers such as BHDB Associates T/A The Debt Advice Service).
- Insolvency practitioners
- Credit brokers
- Mortgage Brokers
- Consumer lenders
- Financial technology businesses
- CRM systems
- Email platform for sending email communications
- Compliance consultants
We’ve outlined all the partner we work with on our page, how Malvern Equity works.
We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
We may with your consent, or where it in our legitimate interest, also share some or all of your personal information with the following organisations:
- Our technology service provider
- Our third-party marketing partners
- A third party acting on your behalf, such as a financial or legal adviser
We may share your data with regulators and disputes resolution bodies such as:
- The Financial Conduct Authority;
- The Information Commissioner Office;
- The Financial Ombudsman Service;
- Advertising Standards Authority; and
- Local Trading Standards.
We use the services of Facebook Ireland Limited (Facebook) to carry out certain marketing activities on the Facebook Platform. Specifically, from time to time we use Facebook’s Audience Insights to help us to create targeted audiences for our advertising campaigns on Facebook. This involves sharing some of our customer personal data with Facebook to allow it to create for us information on the types of audiences (i.e. potential customers) on Facebook platform that would be best suited to see our adverts. In this respect Facebook acts as our joint processor.
For such processing of your personal data we and Facebook also act as a ‘Joint Controller’ this means that both Facebook and us can determine the reasons for processing of your personal data. Facebook has its own privacy policy on how Facebook processes personal data, including the legal basis which Facebook relies on and the ways to exercise Data Subject rights against Facebook. To review Facebook’s privacy policy, you can visit: https://www.facebook.com/about/privacy. You can also obtain full contact details of Facebook or its representative and the details of its Data Protection Officer from this policy.
In order to ensure the rights of data subjects (i.e. you) we have entered into a Controller Addendum with Facebook that sets outs each parties’ respective responsibilities in terms of this processing and our responsibility to inform you of the details noted above.
Any data subject requests with regard to the Personal Data stored by Facebook Ireland after the Joint Processing described above, is the responsibility of Facebook.
In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
Who we disclose personal data to
Your personal data may be shared with third parties for the following purposes:
| Recipient type | Reason |
|---|---|
| Brokers | To source, refer and submit applications for lending and debt management services on your behalf and for the ongoing servicing of these applications including using details for statistical analysis and analytics regardless of whether you take up a loan with it |
| External suppliers for example specialist IT, couriers, surveyors or accounting firms | Where specialist firms are employed by Malvern Equity to facilitate support functions, it may be necessary to share your personal information for example an address for a surveyor to attend to complete a valuation report |
| Original introducing parties | If you have not come to us directly, we may need to report back to the original introducer to provide them with an update on the outcome of your application |
| Regulators | Sharing information with our regulatory bodies may be a requirement if requested and required to fulfil any legal obligation we have. This may be the ICO, FCA or to comply with Money Laundering regulations, law enforcement etc. |
| Financial Ombudsman Service | Should you make a complaint to the FOS, we will need to share personal details regarding your application to assist in an investigation of a complaint |
| Credit reference and Fraud Prevention agencies (such as Equifax or CIFAS) | When searching for a lender for you, we will need to approach the CRAs to gather your credit file information. Should you wish to proceed, an application search may be registered with the CRA leaving a footprint on your credit file. |
| Others | Third parties whom we may choose to sell, transfer, or merge parts of our business with in the future will be subject to using your personal data in the same way as set out in this notice |
These companies are required to ensure appropriate security measures are in place and maintain the confidentiality of your personal data, and to use your personal data only in the course of providing such services and in accordance with how Malvern Equity’s instructions.
Legitimate Interest
Where we use legitimate interest for the basis of our processing of your personal data we shall ensure that we can demonstrate compelling legitimate grounds for the processing, which override the interests, rights and freedoms of the individual.
You have the right to object to our use of your personal data where we use legitimate interest as the basis of processing. You can do this by contacting emailing [email protected] or by writing to us.
Our legitimate interests include:
- the maintenance of our IT/Data Security systems and processes;
- putting in place fraud prevention mechanisms;
- keeping our records up to date;
- working out which of our products and services may interest you and telling you about them (i.e. direct marketing);
- developing products and services;
- being efficient about how we fulfil our legal duties;
- maintaining a marketing suppression list; and
- complying with laws/regulations that apply to us.
Change of purpose
We will only use your personal data for the purposes stated above, unless we reasonably consider that we need to use it for another reason and it is compatible with the original purpose. Please contact us for an explanation as to how any new processing is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Changes to our Privacy Notice
We keep our Privacy Notice under regular review and we will place any updates on this web page. This Privacy Notice was last updated on 4th August 2020. Historic versions can be obtained by contacting us.
Marketing
You will also have the choice to opt-in to receiving other related marketing information and related products and services. You can opt-out of receiving these types of communications at any time by emailing [email protected] or by clicking on the relevant link in email communications you receive from us.
However please note that your personal information will not be passed to any third-party organisation for marketing purposes.
Data Security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We also limit access to your personal data to only those how Malvern Equity staff, appointed representatives, advisers, business partners and suppliers who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
The Malvern Equity website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
Sharing of personal data outside of the European Economic Area
MoneyNerd Limited trading as Malvern Equity will not share your data outside of the European Economic Area (EEA) unless at your specific request or to comply with a legal duty to do so. Some of the processors we use may transfer your personal information to other territories or countries outside the EEA. If this is the case, we will ensure they take such steps as are necessary to ensure appropriate safeguards apply to maintain the same levels of protection as are needed under data protection laws in the UK.
How long is your personal data retained?
We only retain your personal data for as long as necessary. The table below outlines how long data is retained, and depends on the reason the personal data is used for:
| Processing stage | Retention timescale |
|---|---|
| Newsletter signup | Indefinitely, until you unsubscribe |
| All other data and form submit | Information is passed to partners and no data is retained |
| Your Account with Us | Unless you request we to delete your account earlier, we will keep details of your account and interactions through your account for 6 years after you cancel your account with us. |
After these retention periods if there is no other on-going client relationship your personal data will either be securely deleted or anonymised so that it can be used for statistical purposes but without any method of identifying you individually.
Your rights
You have the right to:
- Request access to your personal data – This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Should you wish to make a Data Subject Access Request, you should put this in writing to us as details on our Statement of Services. We will respond to your request within 30 days.
- Request correction of the personal data – This enables you to have any incomplete or inaccurate data corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data – This enables you to ask us to delete personal data where there is no good reason for us continuing to process it. You can also ask us to delete your personal data where you have successfully objected to the processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. However, we may not always be able to delete the data for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data – where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data – This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party – We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data – However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in the ‘Who do I contact’ Section below. We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
How Can You Control Your Data?
In addition to your rights under the Data Protection Regulations, set out above, when you submit personal data via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you control on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details).
You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
Your Right to Withhold Information
You may access Our Site without providing any data at all.
You may restrict Our use of Cookies. For more information, Our Cookie Policy which can be accessed on our website.
Our Use of Cookies
Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve services. In addition, Our Site uses analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site. For more details, please refer to Our Cookie Policy which can be accessed on our website.
How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the Data Protection Regulations, no fee is payable and We will provide any and all information in response to your request free of charge. Our Data Protection Officer can be contacted by email at [email protected], by telephone on 01684 217897, or by post at The Grange, Grange Road, Malvern, WR14 3HA.
What Happens If Our Business Changes Hands?
We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes
Who do I contact?
If you have any questions or complaints relating to how we use your personal data, or if you wish to exercise any of your rights regarding your personal data, please contact us by emailing [email protected] or by writing to us. We will respond to you as soon as is possible. The length of time will depend on the type and complexity of the request, but you will receive a response no later than one month from the initial request.
What if I am still not satisfied?
If you are not satisfied with how Malvern Equity has responded to your enquiry, you have the right to complain to the Information Commissioner’s Office (ICO), who is the regulator for data protection in the United Kingdom.
Information Commissioner
Wycliffe House; Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545745
www.ico.org
Please call us on 01923 678870 if you have any queries.