Privacy Policy

Capacity Finance is a trading style of Momentum Financial Services Ltd.

Momentum Financial Services Ltd is authorised and regulated by the Financial Conduct Authority under Firm Reference Number 1011740 and is registered in England and Wales under company number 11806827.

Momentum Financial Services Ltd is also registered with the Information Commissioner’s Office under data protection registration number ZA676563.

For personal information processed in connection with mortgage, protection, insurance, property finance and business finance enquiries and services provided under the Capacity Finance trading style, Momentum Financial Services Ltd is the data controller. This means Momentum Financial Services Ltd is responsible for deciding why and how your personal information is used in connection with those services.

KS Mortgages Ltd, company number 16897333, operates the capacityfinance.co.uk website and provides administrative support to Momentum Financial Services Ltd.

Where KS Mortgages Ltd processes personal information in connection with those enquiries and services on the instructions of Momentum Financial Services Ltd, KS Mortgages Ltd acts as a processor on behalf of Momentum Financial Services Ltd. KS Mortgages Ltd is not the data controller for the customer journey simply because information is submitted through capacityfinance.co.uk.

KS Mortgages Ltd may separately act as a data controller for limited processing carried out for its own corporate purposes, such as meeting legal obligations that apply directly to KS Mortgages Ltd or administering its own business. Where this happens, the processing will be limited to those purposes.

In this Privacy Policy, references to “Capacity Finance”, “we”, “us” or “our” generally refer to the services provided by Momentum Financial Services Ltd under the Capacity Finance trading style unless we state otherwise.

How to contact us

You may also contact us through Capacity Finance:

Any data protection request received by Capacity Finance relating to services for which Momentum Financial Services Ltd is the controller will be handled by, or passed to, Momentum Financial Services Ltd as appropriate.

This Privacy Policy explains how personal information is collected, used, stored and shared when you:

• visit capacityfinance.co.uk;
• complete an enquiry or contact form;
• telephone, email or otherwise contact Capacity Finance;
• make a mortgage, remortgage, protection or insurance enquiry;
• make an enquiry about bridging, development, commercial or business finance;
• receive mortgage, protection or insurance advice;
• ask us to arrange or submit an application;
• provide documents or financial information, whether about yourself, your property or your business;
• communicate with us during or after an application;
• receive service follow-ups from us; or
• otherwise interact with services provided under the Capacity Finance trading style.

If we introduce you to another organisation that provides a service independently from Momentum Financial Services Ltd, that organisation may become a separate data controller and will provide its own privacy information where appropriate.

The personal information we collect depends on the service you require. It may include:

Identity and contact information

• your name and title;
• date of birth;
• residential address and previous addresses;
• email address and telephone number;
• nationality;
• marital or civil status;
• National Insurance number; and
• identity documents such as passports or driving licences.

Employment and income information

• your occupation, employer and employment history;
• salary, overtime, bonuses and commission;
• pension income and benefits;
• self-employed income;
• company information, accounts and tax calculations; and
• other sources of income.

Financial information

• bank statements and bank account details;
• existing mortgage information;
• loans, credit cards and other financial commitments;
• expenditure;
• deposit information;
• assets and liabilities;
• credit history, defaults, county court judgments and debt management arrangements; and
• other information relevant to affordability or eligibility.

Property and mortgage information

• property address, type and ownership details;
• purchase price or estimated value;
• mortgage balance, deposit and required loan amount;
• rental income, tenancies and leases; and
• details about a property that are relevant to a mortgage or property finance application.

Property project information

For bridging and development finance, we may also collect information about the project, such as planning permissions, development appraisals, build costs and programmes, contractor details, valuations and your plans for repaying the finance. Where this information identifies you, it is treated as personal information.

Business information

For commercial and business finance, we may collect information about your business, including company details, accounts and management figures, tax information, trading history, details of assets to be financed, debtor and invoice information, and existing borrowing. Information about a company is not itself personal information, but information about the people connected with it is. This may include:

• directors, partners, shareholders and members;
• anyone providing a personal guarantee; and
• other individuals whose details are needed by a lender or finance provider.

If you give us information about other people connected with your business, please make sure they know you are doing so and point them to this Privacy Policy.

Family and dependant information

Where relevant to affordability, insurance or protection advice, we may collect information about your spouse or partner, financial dependants, children (including their ages or dates of birth) and other relevant family circumstances.

Our website is not intended for use by children themselves. However, information concerning children may legitimately be processed where this is necessary in connection with an adult customer’s mortgage, protection or insurance requirements.

Special category information

For some services, particularly protection and insurance, it may be necessary to process more sensitive personal information. This may include information concerning:

• physical health;
• medical history;
• mental health;
• treatment;
• prognosis; or
• other information required by an insurance provider.

Where special category personal information is processed, we will ensure that an appropriate condition under UK data protection law applies. Where required, we will obtain your explicit consent.

Certain insurance or finance enquiries may also require information relating to criminal convictions or offences where relevant to underwriting, fraud prevention or the particular product.

Communications

We may retain records of emails, telephone conversations, messages, documents, application updates, complaints, service enquiries and other communications between you and us.

Website and technical information

When you use capacityfinance.co.uk, certain technical information may be collected automatically, including:

• your IP address;
• browser, device type and operating system;
• pages visited and the referring website;
• the date and time of your visit; and
• information about how you interact with the website.

Cookies and similar technologies are dealt with in more detail in our Cookie Policy.

We may obtain personal information:

• directly from you;
• through capacityfinance.co.uk;
• by telephone or email;
• through our customer relationship management system;
• from documents you provide;
• from lenders, finance providers or insurers;
• from credit reference or fraud prevention services where appropriate;
• from solicitors, conveyancers, estate agents, surveyors or valuers;
• from your accountant or other professional advisers, where you have asked them to share information with us;
• from introducers or referral partners;
• from identity verification providers;
• from other product or service providers involved in your application; and
• from publicly available sources, such as Companies House and the Land Registry, where lawful and relevant.

Where personal information is supplied to us by somebody other than you, we will process it only where we have a lawful reason for doing so.

We may use your information to:

• respond to your initial enquiry;
• contact you about the service you requested;
• understand your personal, property or business finance requirements;
• assess affordability and eligibility;
• research suitable products and finance providers;
• provide mortgage, protection or insurance advice;
• obtain decisions in principle, indicative terms or quotations;
• submit and manage applications;
• communicate with lenders, finance providers, insurers and other providers;
• verify your identity;
• undertake fraud prevention and compliance checks;
• maintain records of the advice and service provided;
• manage our ongoing relationship with you;
• deal with questions relating to a mortgage, finance facility or insurance product;
• provide updates concerning an application;
• carry out appropriate service follow-ups;
• investigate or respond to complaints;
• comply with FCA and other regulatory requirements;
• comply with data protection, anti-money laundering and other legal obligations;
• prevent or detect financial crime;
• establish, exercise or defend legal claims;
• monitor and improve the service provided to customers;
• operate, maintain and secure our website and systems; and
• send marketing communications where permitted by law.

We only process personal information where we have a lawful basis for doing so. Depending on the circumstances, we may rely upon:

Contract

We may process your information where this is necessary to take steps at your request before entering into a contract, or to perform services that you have asked us to provide. This will apply to much of the processing involved in providing our services.

Legal obligation

We may process information where required to comply with legal or regulatory obligations. This can include obligations connected with:

• Financial Conduct Authority regulation;
• anti-money laundering requirements;
• fraud prevention;
• complaints handling;
• regulatory record keeping; and
• responding to regulators or law enforcement authorities.

Legitimate interests

We may process personal information where necessary for the legitimate interests of Momentum Financial Services Ltd or, where applicable, another party, provided those interests are not overridden by your rights. These interests may include:

• responding to and administering enquiries;
• managing customer relationships;
• arranging finance for a business, where the information relates to its directors, shareholders or guarantors;
• maintaining appropriate business records;
• providing appropriate service follow-ups;
• preventing fraud;
• protecting our systems;
• improving our services;
• handling complaints; and
• establishing or defending legal claims.

Consent

We may rely on your consent where required, including for certain marketing activities, non-essential cookies or particular categories of sensitive information. Where we rely on consent, you may withdraw it at any time. Withdrawal of consent does not affect processing that took place lawfully before you withdrew it.

When you make an enquiry through Capacity Finance, whether for a mortgage, protection, insurance, property finance or business finance, information relating to that enquiry is processed under the responsibility of Momentum Financial Services Ltd.

This includes information used to:

• assess your circumstances or those of your business;
• provide recommendations;
• undertake product research;
• communicate with lenders, finance providers or insurers;
• obtain quotations, terms or lending decisions;
• make applications;
• satisfy regulatory requirements; and
• retain evidence of the advice and service provided.

KS Mortgages Ltd may assist with this processing on behalf of Momentum Financial Services Ltd, but does not become the controller of the customer journey merely because it operates capacityfinance.co.uk or assists with administration.

We use Score (formerly known as Acre) as a customer relationship management system in connection with our services. Score may be used to:

• record your enquiry;
• create and maintain your client record;
• record fact-find information;
• store information and documents relating to your circumstances;
• manage applications;
• maintain records of communications;
• record advice and recommendations;
• manage compliance information;
• monitor the progress of an application; and
• maintain records required for regulatory purposes.

Where your information is held within Score as part of a service provided under the Capacity Finance trading style, Momentum Financial Services Ltd remains the data controller for the customer information.

Score and other technology providers may process personal information on behalf of the relevant controller in accordance with applicable contractual and data protection requirements. Access to information held within the CRM is restricted to people who require access in order to perform their role or provide the relevant service.

Depending on the service you require, your information may be shared with:

• Momentum Financial Services Ltd personnel and authorised advisers;
• KS Mortgages Ltd, where it is providing administrative, website or other services on Momentum’s behalf;
• mortgage lenders;
• bridging, development and commercial lenders;
• asset finance, invoice finance and other business finance providers;
• insurance and protection providers;
• specialist finance providers;
• Score and other CRM or technology providers;
• identity verification providers;
• credit reference agencies where appropriate;
• fraud prevention agencies;
• solicitors and conveyancers;
• surveyors, valuers and monitoring surveyors;
• estate agents;
• product specialists;
• compliance consultants and compliance service providers;
• professional indemnity insurers;
• accountants, lawyers and professional advisers;
• website hosting, cloud storage, email, document management and IT providers;
• communications providers used to contact customers;
• the Financial Conduct Authority;
• the Financial Ombudsman Service;
• the Information Commissioner’s Office;
• HM Revenue & Customs;
• law enforcement bodies; and
• other organisations where disclosure is required or permitted by law.

Where we introduce you to a third-party specialist who provides their own service or advice, that organisation may process your information as a separate data controller.

We do not sell your personal information.

Sharing information with another organisation for the purpose of progressing your requirements does not give that organisation permission to use your information for unrelated marketing.

We may contact you where necessary to:

• respond to an enquiry you have made;
• request information or documents;
• discuss your requirements;
• provide an update on an application;
• deal with questions;
• confirm an outcome;
• administer an existing service; or
• follow up appropriately in connection with services we have provided.

These communications form part of managing your enquiry, application or customer relationship and are separate from direct marketing. Where a communication promotes additional or different products or services, we will treat it as marketing and apply the appropriate marketing rules.

We may contact you about relevant services where we are legally permitted to do so. Depending on the circumstances, this may be based upon your consent, or another lawful basis where electronic marketing and data protection legislation allows it.

Where the Privacy and Electronic Communications Regulations require consent before marketing by email, SMS or another electronic channel, we will obtain that consent unless an applicable exemption, such as the existing-customer soft opt-in, applies.

We will not treat your agreement to be contacted about an enquiry as consent to receive unrelated marketing.

You can ask us to stop sending direct marketing at any time. You may:

• use the unsubscribe option contained in an email;
• follow the opt-out instructions in a message; or
• contact us at info@capacityfinance.co.uk.

Stopping marketing communications will not prevent us from contacting you about an existing enquiry, application, mortgage, finance facility, insurance policy, complaint or other service matter where communication remains necessary.

We may retain limited information on a suppression list after an opt-out so that we can ensure your marketing preference continues to be respected.

Our website currently uses only strictly necessary technologies. If we introduce analytics or advertising cookies, we will only do so with your consent, and we will update our Cookie Policy first.

Some of the organisations that provide technology, cloud, communications, CRM, analytics or other services to us may process or allow access to personal information from outside the United Kingdom.

Where personal information is transferred outside the UK in circumstances that amount to a restricted transfer under UK data protection law, appropriate safeguards will be used. Depending on the destination and provider, these safeguards may include:

• UK adequacy regulations;
• the UK International Data Transfer Agreement;
• the UK Addendum to the EU Standard Contractual Clauses; or
• another legally recognised transfer mechanism.

Where required, additional assessments and safeguards will be implemented to protect personal information. You may contact us if you would like further information about the safeguards applying to a particular transfer.

We do not retain personal information for longer than is necessary. The period for which information is retained depends upon:

• the nature of the information;
• the service you requested;
• whether advice was provided;
• whether an application was made;
• legal and regulatory requirements;
• complaint-handling requirements; and
• whether information may reasonably be required in connection with a legal or regulatory claim.

Information relating to mortgage, protection, insurance, property finance and business finance services will generally be retained for a minimum of six years.

Some information may be retained for longer where this is reasonably necessary to satisfy regulatory requirements, respond to a complaint, demonstrate the suitability of advice, or establish or defend a legal claim.

Information relating to an enquiry that does not proceed to advice or an application will be retained only for as long as reasonably necessary for the enquiry, follow-up, record-keeping and compliance purposes.

Where you have opted out of marketing, limited information may be retained for the purpose of maintaining a suppression record.

Momentum Financial Services Ltd and organisations processing information on its behalf take appropriate technical and organisational measures designed to protect personal information against unauthorised access, accidental loss, unlawful disclosure, alteration, misuse and destruction.

Access to customer information is restricted according to business need. We also use appropriate systems and security controls for the storage and transmission of customer information.

No internet or electronic storage system can be guaranteed to be completely secure. You should therefore take reasonable care when sending confidential or sensitive information electronically and use any secure upload or document-transfer facilities made available to you.

Depending on the circumstances, UK data protection law may give you the right to:

Access your information

You can ask for a copy of personal information held about you.

Correct your information

You can ask for inaccurate or incomplete personal information to be corrected.

Erasure

You can ask for personal information to be deleted in certain circumstances. This right is not absolute. Information may need to be retained where legal, regulatory or legitimate record-keeping requirements apply.

Restriction

You can ask for the use of your personal information to be restricted in certain circumstances.

Object

You may have the right to object to processing based on legitimate interests. You have the right to object to the use of your personal information for direct marketing.

Data portability

In certain circumstances, you can ask for personal information you have provided to be supplied to you, or another organisation, in a structured and machine-readable format.

Withdraw consent

Where processing is based on your consent, you may withdraw that consent at any time.

Automated decisions

You have rights relating to decisions based solely on automated processing where those decisions produce legal or similarly significant effects. We do not currently make advice decisions about you solely by automated means in a way that produces such effects.

A lender, finance provider or insurer may use automated systems when assessing an application. Where this happens, its own privacy policy and data protection obligations will apply.

Momentum Financial Services Ltd is the controller responsible for requests concerning information processed as part of services provided under the Capacity Finance trading style. You may contact Momentum Financial Services Ltd directly, or contact Capacity Finance and we will ensure your request is dealt with appropriately.

Alternatively:

You do not need to use any particular wording or form when exercising your data protection rights. We may need to verify your identity before responding to a request.

Data protection rights are subject to certain exemptions and limitations. If we are unable to comply fully with a request, we will explain the reason where required to do so.

If you are concerned about the way your personal information has been handled, please contact us in the first instance so that the matter can be investigated.

You also have the right to complain to the Information Commissioner’s Office, the UK’s independent data protection regulator.

You do not have to contact us before making a complaint to the Information Commissioner’s Office.

capacityfinance.co.uk may contain links to websites operated by other organisations. We are not responsible for the privacy practices of third-party websites.

If you provide personal information directly to another organisation, you should read that organisation’s privacy notice to understand how it will use your information.

We may update this Privacy Policy from time to time to reflect:

• changes to our services;
• changes in how personal information is processed;
• changes to suppliers or technology;
• regulatory requirements; or
• changes in data protection law.

The latest version will always be published at capacityfinance.co.uk/privacy-policy and will display the date on which it was last updated.