Terms of Business

/Terms of Business
Terms of Business 2018-10-08T14:19:41+00:00

HDFS LTD T/A MONEYCARE

HDFS Ltd t/a Moneycare is regulated by the Central Bank as a Multi-Agency Intermediary under the Investment Intermediaries Act 1995, as amended; as a mortgage intermediary authorised under the Consumer Credit Act, 1995, as amended and as an insurance intermediary registered under the European Communities (Insurance Mediation Regulations, 2005. The Central Bank holds registers of regulated firms. You may contact the Central Bank on 01-4104000 or visit their website on www.centralbank.ie to verify our credentials.

HDFS Ltd t/a Moneycare offer advice in relation to all aspects of mortgage finance and also in relation to life assurance products (Term Cover, Serious Illness and Permanent Health Cover) and General Insurance, Pensions, Investments, PRSAs & Health Insurance. We also send out orders on behalf to any of the insurance undertakings or products producers from whom the Company holds letters of appointment – a list which is enclosed in the terms of business.

Data Protection Notice ;

HDFS Ltd t/a Moneycare complies with the requirements of the General Data Protection Regulation (GDPR) 2018 and the Irish Data Protection Act 2018.

Moneycare is committed to protecting and respecting your privacy. We wish to be transparent on how we process your data and show you that we are accountable with the GDPR in relation to not only processing your data but ensuring you understand your rights as a client.

The data will be processed only in ways compatible with the purposes for which it was given and as outlined in our Data Privacy Statement.

Privacy Policy Consents, Permissions and Acknowledgements

Here at Moneycare we take your privacy seriously and will only use your personal information to provide the products and services you have requested from us.

We use your personal information as outlined in our Data Privacy Statement.

In the case of life assurance where HDFS Ltd t/a Moneycare is not in receipt of commission, reserves the right to charge a service fee, depending on the complexity of the transactions, time spent and the extent of the transaction, in a such case the fee will be agreed with clients before any advice is given. In a case where we are in receipt of commission payment from the life company, you will receive a copy of that companies key feature document which outlines all and any payments which we receive.
HDFS Ltd t/a Moneycare is in receipt of mortgage commissions from lenders at a rate of up to 1% of the value of the amount borrowed. A list of lenders whom HDFS Ltd t/a Moneycare hold agencies with is listed in this document. In certain circumstances we may charge a fee for providing your mortgage, a fee depending on the type, complexity and time spent on the mortgage required may be up to €1000. All fees will be agreed with the client before any advice is given. HDFS Ltd t/a Moneycare may make sub-commission payments to introducers of mortgage business to the company. All recipients of such sub-commission payments must be registered by the Central Bank as a Mortgage Intermediary.
Where advice or service is provided by the firm in connection with a product or policy arranged through our agency by us we may, in addition to the commission paid by the insurer, can charge a fee of up to thirty five per cent of the premium including levy. In such a case a number of factors will be taken into account such as complexity, value, risk, specialist skills and amount of commission receivable from the insurer. We may also charge a fee of up to €30 for expenses incurred in resolving issued relating to payment clearances. Where we arrange for an external credit finance facility for clients to assist in premium payment we will receive up to 2.65% commission. We have agencies with Aviva General and Allianz for general insurance and Hibernian Aviva Health for health insurance.
Any complaint that you may have in relation to the business services provided should be made in writing to the firm outlining the nature of you complaint. This procedure ensures that all complaints are recorded and acknowledged within 5 business days. The complaint will be fully investigated by HDFS Ltd t/a Moneycare and a full response will be provided to you. We will attempt to investigate and resolves a complaint within 40 business days. In the event that you the client remains dissatisfied with the handling of and/or response to a complaint you are entitled to refer your complaint to the Financial Services Ombudsman.
It is the policy of the firm to avoid any conflict of interest when providing business services to its clients. However, where an unavoidable conflict may arise we will advise you of this in writing before proceeding to provide any business service. If you have nor been advised of any such conflict you are entitled to assume that none arises.
HDFS Ltd t/a Moneycare is a member of the Investor Compensation Scheme established under the Investor Compensation Act 1998. The legislation provides certain remedies to eligible clients on default by the firm. The main details of the operation and conditions of the scheme are outlined in Appendix 3. Your legal rights against the firm are not affected by this scheme.
HDFS Ltd t/a Moneycare in the event of default by the client are: Product providers are entitled to withdraw benefit or cover on default of any payments due under any products arranged for your benefit. It is therefore critical to the guaranteed continuance of your insurance that your premium is paid in full. Come insurers may include as a term of the insurance a settlement due date or in some cases a warranty under the terms of which the premium must be paid to them by a certain date. We inform our clients of such requirements and the relevant date in good time to allow the payment terms to be met. Failure to comply with the terms of the warranty may mean that the insurers obligation under the policy will be terminated. We will automatically advise you of any payments outstanding on you policy and the consequences of failure to pay premiums.

Moneycare takes data privacy seriously. We are committed to protecting your personal data and respecting your privacy. To the extent that the European General Data Protection Regulation applies, in accordance with applicable law, this Data Privacy Notice provides you with detailed information relating to the protection of your personal data by Moneycare. We are responsible, as a controller, for collecting and processing your personal data in relation to our activities. The purpose of this Data Privacy Notice is to let you know which personal data we collect about you, the reasons why we use and share such data, how long we keep it, what your rights are and how you can exercise them. Further information may be provided where necessary when you apply for a specific product or service.

  1. Which personal data do we use about you? We collect and use your personal data to the extent necessary in the framework of our activities and to achieve a high standard of personalised service. We may collect various types of personal data about you, including Identification information (e.g. name, ID card and passport numbers, nationality, place and date of birth, gender, photograph, IP address), Contact information (e.g. postal address and e-mail address, phone number), Family situation (e.g. marital status, number of children), Tax status (e.g. tax ID, tax status), Education and employment information (e.g. level of education, employment, employer’s name, remuneration), Banking, financial and transactional data (e.g. bank account details, credit card number, money transfers, assets, declared investor profile, credit history, debts and expenses). We never ask for personal data related to your racial or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership, genetic data, data concerning your sexual orientation or data relating to criminal convictions and offences (“Criminal Record Data”) unless it is required through a legal obligation.
  2. Specific cases of personal data collection, including indirect In certain circumstances, we may collect and use personal data of individuals with whom we have, could have, or previously had, a direct relationship such as visitors to our websites, prospective or existing clients and attendees of our events.
  3. Why and on which basis do we use your personal data? To comply with our legal and regulatory obligations We use your personal data to comply with various legal and regulatory obligations, including: Banking and financial regulations in compliance with which we: – set up security measures in order to prevent abuse and fraud; – detect transactions which deviate from normal patterns; – define your credit risk score and your reimbursement capacity; – monitor and report risks that institutions could incur; – record, when necessary, phone calls, chats, email and – reply to an official request from a duly authorised public or judicial authority. – prevention of

money-laundering and financing of terrorism; – compliance with legislation relating to sanctions and embargoes; and – fight against tax fraud and fulfilment of tax control and notification obligations. To perform a contract with you or to take steps at your request before entering into a contract We use your personal data to enter into and perform our contracts, including to: Provide you with information regarding our products and services; Assist you and answer your requests; Evaluate if we can offer you a product or service and under which conditions; and Provide products or services to our corporate clients of whom you are a member of staff, a shareholder, a beneficial owner or a client (for instance, in the context of cash management). www.moneycare.ie HDFS Limited trading as Moneycare is regulated by the Central Bank of Ireland. To fulfil our legitimate interest, we use your personal data in order to deploy and develop our products or services, to improve our risk management and to defend our legal rights. To respect your choice, we request your consent for specific processing

  1. Who do we share your personal data with? In order to full fill the aforementioned purposes, but subject to applicable law relating to information sharing, we only disclose your personal data to: Service providers which perform services on our behalf; Independent agents, intermediaries, banking and specialised partners, with which we have a regular relationship; Financial, taxation, regulatory or judicial authorities, state agencies or public bodies, upon request and to the extent permitted by law.
  2. How long do we keep your personal data for? We will retain your personal data for the longer of: (i) the period required by applicable law; or (ii) such other period necessary for us to meet our operational obligations, such as: proper account maintenance, facilitating client relationship management, and responding to legal claims or regulatory requests. Most personal data collected in relation to a specified client is kept for the duration of the contractual relationship with such client plus a specified number of years after the end of the contractual relationship or as otherwise required by applicable law. If you would like further information on the period for which your personal data will be stored or the criteria used to determine that period please contact us at the address given.
  3. What are your rights and how can you exercise them? Depending on the data protection laws which apply to your situation, you have certain rights in respect of your personal data. In the event that the European General Data Protection Regulation applies, you have the following rights: To access: you can obtain information relating to the processing of your personal data, and a copy of such personal data. To rectify: where you consider that your personal data is inaccurate or incomplete, you can require that such personal data be modified accordingly. To erase: you can require the deletion of your personal data, to the extent permitted by law. To restrict: you can request the restriction of the processing of your personal data. To object: you can object to the processing of your personal data, on grounds relating to your particular situation. You have the absolute right to object to the processing of your personal data for direct marketing purposes, which includes profiling related to such direct marketing. To withdraw your consent: where you have given your consent for the processing of your personal data, you have the right to withdraw your consent at any time. To data portability: where legally applicable, you have the right to have the personal data you have provided to us be returned to you or, where technically feasible, transferred to a third party. If you require further information, or if you wish to exercise the rights listed above, please send a letter or e-mail to the address set out below. Please include a scan/copy of your identity card for identification purpose.
  4. How can you keep up with changes to this data privacy notice? In a world of technological change, we may need to update this Data Privacy Notice from time to time. We invite you to review the latest version of this notice online and we will inform you of any material changes through our website or through our other usual communication channels.
  5. How to contact us? If you have any questions relating to our use of your personal data under this Data Privacy Notice please contact us at Moneycare, 3 Dawson Street, Monaghan.

Appendix 2.

The following are a list of insurance undertakings and product producers from which HDFS Ltd t/a Moneycare holds written letters of appointment to act as an intermediary.

  1. Non Life Insurance Appointments
  • Allianz Ireland plc
  • Aviva General Insurance Ltd

Stockbroker Appointments

  • Cantor Fitzgerald Ireland Ltd
  • Merrion Stockbrokers

Lender Appointments

  • Permanent TSB plc
  • KBC Homeloans
  • Haven Mortgages
  • Pepper FInance Corporation (Ireland) DAC
  • Ulster Bank Ireland
  • Dilosk DAC trading as ICS Mortgages

Life Assurance Appointments

  • Irish Life
  • Standard Life
  • Zurich Life
  • New Ireland Assurance
  • Aviva Life & Pensions
  • Royal London
  • Wealth Options Limited
  • Independent Trustee Company Limited

Deposit Agencies

  • Permanent TSB
  • Investec
  • KBC Bank

Appendix 3.

Investor Compensation Act, 1998.

Under Section 38 (1) of the Investor Compensation Act, 1998 I wish to draw your attention to the following:

  1. the Investor Compensation Act, 1998 provides for the establishment of a compensation scheme and the payment, in certain circumstances, of compensation to certain clients (known as eligible investors) of authorised investment firms, as defined in that Act;
  2. my firm is a member of the compensation scheme;
  3. compensation may be payable where money or investment instruments owed or belonging to clients and held, or in the case of investment instruments, administered or managed by my firm cannot be returned to those clients for the time being and there is no reasonably foreseeable opportunity of the firm being able to do so;
  4. a right to compensation will arise only:
    1. if the client is an eligible investor as defined in the Act:
    2. if it transpires that my firm is not in a position to return client money or investment instruments owned or belonging to the clients of the firm; and
    3. to the extent that the client’s loss is recognised for the purposes of the Act:
  5. where an entitlement to compensation is established, the compensation payable will be the lesser of:
    1. 90 per cent of the amount of the client’s loss which is recognised for the purposes of the Investor Compensation Act, 1988; or
    2. compensation of up to €20, 000.

Statement of Authorised Status

HDFS limited t/a Moneycare (‘the firm’) (Ref, No. C12721) is authorised under Section 10 of the Investment Intermediaries Act, 1995 (as amended).

As a Multi-Agency Intermediary, HDFS Limited t/a Moneycare is authorised to receive and transmit orders to product producers from whom a written letter of appointment is held, in relation to:

  1. Shares in a company or bonds that are listed on a stock exchange, prize bonds
  2. Relevant collective investment scheme instruments.
  3. Tracker Bonds.
  4. Insurance policies
  5. Personal Retirement Savings Accounts (PRSAS) (Within the meaning of the Pensions Act, 1990)

The firm is also authorised to act as a deposit broker and to give advice in relation to deposits.

The firm may also give investment advice only in relation to investment instruments available from those product producers from whom an appointment is held.

When receiving and transmitting orders in relation to insurance policies and/or PRSAs, the firm may only accept cash or cheques/bank drafts from clients payable to itself where:

  1. an insurance undertaking has invited renewal of a policy of insurance, or
  2. a proposal for insurance and/or PRSAs has been accepted by an insurance undertaking.

In all other circumstances cheques/bank drafts or other payment instruments must be made payable to the product producer.

Reference No: Cl272l

The Central Bank oflreland, in accordance with the provisions of Section I l6 of the Consumer Credit Act, 1995 (as amended) and Section 33C of the Central Bank Act, 1942 (as amended) hereby authorises IIDFS Limited whose principal place of business is:

  • 3 Dawson Street, Monaghan Town, Co. Monaghan

to engage in the business ofbeing a Mortgage Intermediary under the name(s) of:

  • HDFS Limited t/a Moneycare

on behalf of the following undertaking(s):

  • KBC Bank Ireland plc,
  • Permanent TSB plc,
  • Ulster Bank Ireland
  • Haven Mortgages Limited
  • Pepper Finance Corporation (Ireland) DAC

This authorisation is valid for a period of l0 Years commencing on 19th August 2016

For and on behalf of the Central Bank of lreland