HMS is committed to safeguarding the privacy of all your information, to ensure it is secure at all times and treated in the strictest of confidence. Please note any information that is transmitted over the internet is not 100% secure, and any information transmitted via the internet is at the individual’s own risk. Any personal information you give to HMS will always be processed in accordance with applicable laws.
The term “your information” means any information we hold about you, both online and offline which you or third parties provide to us which is required in order to provide the services to you that we do. An example of where data is collected could be when you contact us, via phone, email or letter.
What personal data does HMS process?
We will collect and use information about you and any additional customers or persons and collect and process the following categories of personal data:
Individual details – name, address (and proof of address), alternative address, business address, job title, date of birth, other contact details (e.g. personal or business telephone and email details), job title, gender, marital status and family details.
Identification details – identification numbers issued by government bodies or agencies (e.g. depending on the country you are in, social security or national insurance number, passport number, ID number, driver’s license number or tax identification number.)
Financial information – Income and expenditure and other financial information such as details of financial history including bankruptcies and credit scores.
Share equity information – Information about share equity mortgages and second charge deeds that they have in place.
Credit and anti-fraud data – credit history, information about IVA’s and bankruptcies, allegations of crimes and sanctions details received from various anti-fraud and sanctions databases or regulators and law enforcement agencies.
What special category data does HMS process?
In certain circumstances, the following special category data is collected and processed:
Health data – current or former physical or mental medical conditions, health status, injury or disability information, medical procedures performed or due to be performed, relevant personal habits (e.g. smoking), prescription information and medical history.
What are the sources of this personal data?
We collect and receive Personal Data from various sources, including: (the collection of this data does depend on the service HMS is providing and the country the borrower is in)
- Provided to HMS by our clients or their professional advisers who are the lenders or owners of the shared equity mortgages.
- Provided to HMS by third parties or their professional advisers who are the lenders of the commercial real estate loans.
- Provided to HMS by borrowers or their family members by telephone or written correspondence. All telephone calls to HMS are recorded to ensure that consent where required has been given and for training and quality purposes.
- Anti-fraud databases and other third-party databases, including sanctions lists.
- Via field agent’s visits (a third-party company conduct these) where you have given consent for these to take place or from online tracing services.
- Provided by others professionals in the course of business or marketing.
How do we use your personal data and who do we transfer it to?
In this section we lay out the purpose for which we use this personal data, outline how we share this information and the legal basis that we use to rely on the processing of your data.
Please refer the table entitled Legal basis for processing data below to view how we process the data, what data we process and the legal grounds for this processing.
The personal data can also be disclosed to the following parties, this can vary on the type of activities that are being conducted as shown in the legal basis for processing data table:
- Proposed purchaser of the Shared Equity Mortgage.
- The lenders under the Shared equity mortgage
- The Lenders of the Commercial Real Estate Loan.
- The Commercial Real Estate lenders professional advisers.
- Professional advisors of that proposed purchaser
- Professional advisors of the party conducting the due diligence.
- Professional advisers of the servicer
- Professional advisers of the lenders
- The Facility Agent.
- Debt management companies/debt recovery providers
- Police or Courts
- Government or law enforcement agencies
- Borrowers advisers or agents, including borrowers IFA, debt management advisers, solicitors, estate agents etc.
- IFA recommended by HMS.
- Credit reference agencies
- Third party tracing companies
Please note HMS does not sell or rent any of the customer personal data nor does HMS use customer/borrower personal data for marketing purposes. In addition, no data is transferred outside of the EEA.
The legal basis for processing
Please view this table to view how we process the data, the data we process and the legal ground for this processing.
How long will we hold your data for?
We will not ask for more information than we need for the purposes we are collecting it and will securely dispose of the information when it is no longer needed for the given purpose.
In respect of shared equity mortgages, this personal data will be held for either the period dictated by our clients under our contractual obligations or 12 years after the shared equity mortgage has redeemed. The reason being that shared equity mortgage contracts are deeds and this is the time period in which a breach of obligation claim could be brought under a deed.
For the commercial real estate loans, this personal data will need to be held for either the period dictated by our clients under our contractual obligations or for six years. This is the period in which a party can bring a claim for breach of contract.
What rights do you have with respect to your personal data?
Under data protection legislation, you have the following rights:
1. Access to your information
You have a right to request a copy of the information that we hold about you. If you would like a copy of the information we hold about you, please write to Head of Compliance, South Wing, 1st Floor, Molex House, Millennium Centre, Farnham, Surrey, GU9 7XX or via firstname.lastname@example.org. You may be asked to verify your identity before a request can be processed. The information will be provided to you within one month of the receipt of the request, however if they are complex or there is more than one, HMS reserves its right to extend this time period by a further two months (being three months in total).
We reserve the right to charge £15 for each further requests of the same data or where the requests are excessive or repetitive.
2. Correction of your data
HMS wants to make sure your personal data is accurate and up to date. We will update our records if you inform us that your details have changed or are incorrect and we will regularly review and assess the quality of our information. Please write to Head of Compliance, South Wing, 1st Floor, Molex House, Millennium Centre, Farnham, Surrey, GU9 7XX or via email@example.com to update any incorrect information and this will be actioned within one month. Please note there may be scenarios where HMS can refuse a request for rectification.
3. Right to have your data erased
You have the right to have your personal data erased and this request can be made verbally or in writing. Please note this right only applies in certain circumstances. For example, this right does not apply to non-personal data. In addition, if you request your data to be deleted and there are legitimate reasons why it should, HMS may not be able to perform all the services to you as a borrower. HMS will write to you within one month in response to this a request.
4. Right to restrict the processing of your data
You have the right to request the restriction or suppression of your personal data that is held and used by HMS. This request can be made verbally or in writing and while HMS is permitted to hold the data it cannot use it. Please note that this right only applies in certain circumstances as outlined below:
- The data is inaccurate
- The processing is unlawful, or;
- If HMS no longer needs the personal data for the purposes it is held.
HMS will write to you within one month in response to this a request.
5. Right to portability
It is possible that you have a right to port your data to another provider if the basis for collecting and processing this data was consent (other bases outlines in this privacy notice, do no confer the right to portability). If this applies please contact us for further information.
6. Withdrawing consent and the right to object
Where you have given consent to the processing of your personal data, you have the right to withdraw this consent. In addition, you have a right to object to processing where the legal basis is HMS’s legitimate interests. For both scenarios please either write to Please write to Head of Compliance, South Wing, 1st Floor, Molex House, Millennium Centre, Farnham, Surrey, GU9 7XX or via firstname.lastname@example.org to withdraw this consent or object.
7. If you have a complaint regarding how your data is held or processed
If you feel you have any complaints regarding how your data is held or processed, then please in the first instance write to Please write to:
Head of Compliance
or via email@example.com. You can also call us on +44 (0)20 3675 9959.
In addition, you have the right to complain directly to the Information Commissioners Office (ICO) anytime, their details are:
Information Commissioner’s Office