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Brilliant Broker Registration
Just complete the form below to register as a broker. We’ve made this as quick and painless as can be! You will need to accept our Use of Information notice and Terms of Business to register.
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Use of Information Notice and Terms of Business
USE OF BROKER INFORMATION This statement provides an overview of how Brilliant Solutions (referred to in this statement as ‘we’ and ‘us’) uses your personal information and explains your rights in relation to your personal information. Brilliant Solutions is a data controller under the definition given under the General Data Protection Regulation, this is because we may decide how your information is used. Brilliant Solutions is a trading name of Exclusive Connections Limited. WHAT INFORMATION DO WE COLLECT? We may collect the following information about you: your contact details including your name, address, previous addresses, phone numbers and email address financial Information – This enables us to transfer any monies due to you identification and verification details including your date of birth business information – Including the name of your company, principal, employer, address and phone number preferences – Including marketing selections and history as well as your personal and business interests communication logs and history, covering all forms of communication including call recordings technical information – Your Internet Protocol (IP) address, when using online services including our website. We may also receive information from third parties including: Companies House Credit Reference Agencies (Including Equifax, Experian and Call Credit) HOW DO WE USE YOUR INFORMATION? We may use your personal information in the following ways: to process any relevant enquiry and any subsequent application for finance, including to carry out checks with credit reference agencies and fraud prevention agencies to respond to your queries to provide you with products and services to help us improve our services for trend analysis to help us develop and improve our products and services to comply with our legal and regulatory obligations to prevent fraud and money laundering; or to deal with any complaints or legal claims. MARKETING We may use your personal information to make decisions about products and services we think you may be interested in or to inform you of changes or updates to relevant products and services. This is what we mean by ‘marketing’. We can only use your personal information to send you marketing messages if we have either your consent or a ‘legitimate interest’. That is when we have a business or commercial reason to use your information. It must not conflict unfairly with your own interests. You can withdraw your consent and ask us to stop processing your information for Legitimate Interests at any time by either contacting us or selecting unsubscribe on any email you receive from us. We do not sell the information we have about you to any external organisations. OUR LENDERS As part of our work to identify the best financial product for your client needs we will need to share your information with lenders or other relevant providers. We will only do so where we need to in order to provide the service you have requested and we will only provide information that could be reasonably considered relevant. Depending on the nature of the information and the recipient, the recipient may issue their own notice on how they use your information. SECURITY We are committed to ensuring your information is secure. To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect. DATA TRANSFERS Whenever Brilliant Solutions transfer your personal data outside the European Economic Area (EEA), either we impose contractual obligations on the recipients of that data to protect your personal data to the standard required in the EEA or we will transfer it to an entity covered by certified equivalent standards or acceptable international frameworks. WHAT IS THE LEGAL BASIS FOR OUR USE OF YOUR INFORMATION? Where we use your personal information, we must have a legal basis that justifies our use of your information. The following are the legal bases under which we process your data: Consent We may have requested or may request specific consent to obtain and process your personal information. If provided it will have been provided in a clear and deliberate manner. This consent can be withdrawn at any time but will not affect our rights to process your personal information under any alternative legal justifications. Contract We can rely on this lawful basis as it is necessary to process your personal data: to fulfil our contractual obligations to you or because you have asked us to do something before entering into a contract. Legal Obligation We rely on this lawful basis as we need to process personal data to comply with common law and statutory obligation including rules imposed by the Financial Conduct Authority Legitimate Interests Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. HOW DO WE SHARE YOUR PERSONAL INFORMATION? Brilliant Solutions use the services of Sub-Processors to provide us with technology services, software Providers, compliance support, accountancy services and other third-party service providers. These are required for the operation of the business as a whole and also for the provision of our products and services. We have written agreements with all our Sub Processors in accordance with the General Data Protection Regulations. We will restrict our Sub Processors access to what information is necessary to provide the required service. We will also share your personal information in the following circumstances: where needed to comply with our legal or regulatory obligations (which may include sharing with regulators) where necessary to protect or defend our legal rights or the legal rights of another company or person if our business or any part of it is sold, we will transfer your personal information to the purchaser. FOR HOW LONG DO WE KEEP YOUR INFORMATION? If we are unsuccessful in providing you with a relevant product or service we will keep your information for as long as necessary to comply with the terms of this notice which includes the purpose of making a legal defence against any future complaint. This will be a minimum of 12 months following the cessation of provision of products and services. If we provide you with a product or service, we will keep your information for for as long as necessary to comply with the terms of this privacy notice which includes the purpose of making a legal defence against any future complaint and in any case, for a minimum of 7 years from the date the product or service has fully terminated. Where you have provided consent to receive our marketing communications we will keep your contact information whilst we are actively communicating with you or until you ask us to stop sending you such communications. This may not affect the communications provided to you where the legal justification for doing so is not based on consent. YOUR RIGHTS You have a number of rights in relation to your information: 1. The right to be informed You have the right to be informed about the collection and use of your personal data. You must be provided with information including: the purposes for processing your personal data, the retention periods for that personal data, and who it will be shared with. This is provided within this document. 2. The right of access You have the right to access your personal data and supplementary information. Access allows you to be aware of and verify the lawfulness of the processing. You have the right to obtain; confirmation that your data is being processed, access to your personal data and other supplementary information. 3. The right to rectification You have the right to have inaccurate personal data rectified or completed if it is incomplete. You can make a request for rectification verbally or in writing. 4. The right to erasure You have the right to have personal data erased. You can make a request for erasure verbally or in writing. The right is not absolute and only applies in certain circumstances. The right to erasure does not apply if processing is necessary for one of the following reasons: to exercise the right of freedom of expression and information to comply with a legal obligation for tasks carried out in the public interest or in the exercise of official authority for archiving purposes in the public interest, scientific research, historical research or statistical use where erasure is likely to render impossible or seriously impair the processing for the establishment, exercise or defence of legal claims. 5. The right to restrict processing You have the right to request the restriction or suppression of personal data. This is not an absolute right and only applies in certain circumstances. When processing is restricted, we are permitted to store the personal data, but not use it. You can make a request for restriction verbally or in writing. 6. The right to object You have the right to object to: processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling) direct marketing (including profiling) processing for purposes of scientific/historical research and statistics. You also have a right to complain to the Information Commissioner’s Office; https://ico.org.uk/ which regulates the processing of personal data COMPLAINTS If you have any complaints about the way we use your personal information please contact [email protected] who will try to resolve the issue. If we cannot resolve any issue, you have the right to complain to the Information Commissioner. WANT TO FIND OUT MORE? CONTACT US Email: [email protected] Phone: 01792 277 555 Write to: Brilliant Solutions, Suite A, Second Floor, 11-12 Wind Street, Swansea, SA1 1DP BROKER TERMS OF BUSINESS BETWEEN: A. Exclusive Connections Ltd t/a Brilliant Solutions ('Solutions') of Suite A, 2nd Floor, 11-12 Wind St, Swansea, SA1 1DP; AND B. Brilliant Mortgages Limited trading as Brilliant Money ("Money") at the above address; AND C. A broker, intermediary, or adviser ("you" "your" or "Broker"). WHERE: i) You wish to use Solutions or Money or both ("Brilliant") to ensure your client obtains a suitable product for their needs. ii) The above (i) may be achieved via a number of different products or services and carried out by either Money or Solutions. Solutions provides Mortgage Club, Packaging, Placement, Secured Loans, Bridging and Commercial; Money provides Secured Loans and regulated financial advice. iii) To clarify the different roles and responsibilities all parties agree to be bound by this agreement unless further written agreement supersedes this agreement. SUBJECT TO: 1. MORTGAGE CLUB SERVICES 1.1 Services include lender access, product access, procuration fee payment as well as lender and payment query management and support. The processing of relevant information and relevant communication with you will be necessary in order to provide these services. 1.2 Solutions is not engaged with or for your client, nor providing advice directly or indirectly to your client. 1.3 Solutions will retain the difference between the gross and the net procuration fee as set out in the latest procuration fee schedule available on BrilliantSolutions.co.uk (the "website"). 2. PLACEMENT SERVICES 2.1 Solutions will act solely on your instructions. 2.2 Solutions will consider products to meet the requirements of your client. It will consider only those products available through its prevailing panels, with the exclusion of the company's Direct Mortgage Club lenders. This restricted panel, excluding the Direct Mortgage Club Lenders is the "Specialist Panel". Mortgage Club services are set out in Section 1. 2.3 Solutions is in no way engaged with or for your client and is not in any way providing advice directly or indirectly to your client. Solutions is solely engaged to provide you support. 2.4 Brilliant may charge you a fee for these services, these will be disclosed upfront. This depends on the solutions identified. In the event that you wish to pass these fees on to your client it is your responsibility to charge your client and to make the necessary disclosures. 2.5 At no stage will you warrant or represent that Solutions is providing a service to your client or engaged by your client without written authority. You will fully indemnify Solutions to that effect. 3. PACKAGING SERVICES, INCLUDING BRIDGING AND COMMERCIAL 3.1 Unless you are notified in writing otherwise, the clauses of Section 2 apply to these services. 3.2 In addition to Placement Services, Packaging Services includes processing and case assessment work undertaken on behalf of you and/or the selected lender(s). 3.3 In the event that Solutions charges your client a fee, Solutions will require a signed agreement to be completed by your client. Failure to obtain this agreement may prevent the provision of services and furthermore shall prevent any payment of any sums due to you for the services. 4. SECURED LOANS 4.1 Solutions may refer any relevant case to Money (and vice-versa) for consideration and you have notified your client of that possibility. This may be for lender access or where you request Money to advise your client. 4.2 Brilliant may require a written declaration from you stating whether you are passing responsibility for advice on the loan to Brilliant or retaining responsibility. Commissions payable may be affected. 4.3 Brilliant will consider solutions based on its loan panel and is not responsible for solutions available outside this panel. 4.4 The provisions of Section 2 and 3 apply in terms of client fees. 5. BRILLIANT RESPONSIBILITY Initial Product Placement The following clauses apply to services provided until your client accepts to the terms offered by Brilliant (if required). 5.1 Brilliant acts solely on your instruction, in line with legislation and in the best interests of your client. 5.2 Brilliant will discuss and consider potential solutions for the requirements of your client where potential solutions include only those available through Brilliant's Specialist Panel. 5.3 Brilliant will present the key terms of proposed solutions to you for onward submission to your client. 5.4 Brilliant will process your information and your client's information in accordance with the requested services, this agreement, Brilliant's Use of Information document and GDPR legislation. 5.5 If relevant, to recommend the services of other businesses in good faith, with no liability on the part of Brilliant. On Client Acceptance Where your client accepts the terms offered, it may be necessary for Brilliant to engage your client in which case Brilliant will require payment and submission of signed documentation. Your client will also become the client of Brilliant (the "Brilliant Client") as this is a regulatory requirement for the required solution. Brilliant will: 5.6 not give a refund of any fees, unless agreed in writing by Brilliant. Any fees paid by the Brilliant Client are for the best endeavours of Brilliant and are not based on guarantees. 5.7 not cross sell any products to the Brilliant Client save the products expressly requested to be provided. For the avoidance of doubt this includes all financial products and any products that you have requested (in writing) that Brilliant does not promote. 5.8 update and maintain an online tracking system to allow you and any of permitted representatives to monitor the progress of all introduced Brilliant Clients in so far as permissions allow. 5.9 operate in a clear, fair and not misleading manner and in the spirit of the GDPR and FCA rules and regulations in all of its actions with you and the Brilliant Client. 5.10 unless requested to do otherwise, keep you informed of all relevant case updates. 5.11 unless requested to do otherwise, require you to play a continued and active role in supporting the case and the Brilliant Client if regulations permit. 6. BROKER RESPONSIBILITIES 6.1 You will obtain written authority for Brilliant to act on behalf of your client and use their Personal Data as per prevailing legislation and where asked to do so by Brilliant. 6.2 You must keep Brilliant informed of any change in circumstances and promptly forward any relevant correspondence relating to the transaction or the financial position of your client. 6.3 You will provide true and accurate information at all times. If irregularities are discovered Brilliant reserves the right to withdraw its services without any refund being given and, due to current anti-money laundering legislation, this may be with no explanation or justification. 6.4 You will make Brilliant aware of any existing proposals or offers available to the client prior to engaging Brilliant and keep it updated as to their progress. 6.5 You will not act as an agent of or hold themselves out as agents of or representatives of Brilliant. 6.6 You will need to have the prevailing requisite regulatory, licences and business permissions to introduce the case or manage the client relationship. Required permissions will vary by product or service. You will furnish Brilliant with any requested evidence in relation to these permissions and will notify Brilliant in writing of any relevant changes. 6.7 Any fees charged are non-refundable, unless stipulated in writing, and charged only when Brilliant has indicative terms or agreements in principle based on the information provided and the client has decided to proceed on these terms. 6.8 You permit Brilliant to carry out necessary checks on you to ensure you are a responsible introducer. 6.9 Any refinancing or other proposed redemption of any mortgages are the sole responsibility of you and the client. Brilliant is not responsible for redemption arrangements unless it has a signed client agreement in place to that effect. 7 FEES & COMMISSIONS 7.1 In the event that Brilliant does not have the requisite account information to pay you, it shall make reasonable attempts to contact you over the course of two months to obtain the information and make payment. In the event this information is unavailable, the payments will be retained for a period of 1 year following receipt. In the event that the information for payment has not been received from You, the payment will be retained in full by the Brilliant. 7.2 It is Your responsibility to ensure that any client (Brilliant Client or otherwise) pays any and all fees involved in the transaction promptly and in full and you will use all reasonable endeavours to do so. Failure of the client to pay any fees due on completion or at any stage in the process will directly be deducted from any sums due to you and as such you (as the primary relationship holder with the client), accept the majority of risk for non-payment by the client of any fees due to Brilliant for services mentioned in this document. 7.3 It is your responsibility to ensure that the records held by Brilliant in terms of payment records, regulatory status and contact details are fully up to date at all times. 7.4 Any payments made to accounts which are not up to date, closed or based on incorrect details, insofar as they relate to errors by you or non-compliance with this agreement by you, shall be considered to have been settled in full, with no obligation for Brilliant to reclaim or repay these sums. 7.5 In the unlikely event that you cease to retain the relevant permissions prevailing at the time, no commission or fees or other income will be payable to you. 7.6 Brilliant reserves the right to offset any clawbacks or deductions from any commissions payable or due and may also demand repayment of any clawbacks or payment in error within 5 working days. In particular, attention should be drawn to the fact that secured loan commissions can be clawed back by lenders months after the loan is completed (early redemption), brokers will be responsible for full repayment of clawbacks. 7.7 You are responsible for the return of any payments made to you by Brilliant that are made in error, paid on cases which are then clawed back or are the result of fraudulent activity, cases or clients. 7.8 Unless provided in writing to the contrary, all trail, renewal or other income generated from clients belongs to Brilliant. 7.9 Notwithstanding the obligations in this document, Brilliant will make every reasonable effort to pay any sums due to you within 24 hours of completion if payable by the lender, or 24 hours of receipt if payable by the client. 7.10 All payments to you are gross of any tax and you are responsible for any relevant taxation payment. 8 DIRECT MORTGAGE REFERRALS (FULLY REGULATED ADVICE) 8.1 Money will act in the best interests of the client and in accordance with rules and regulations. From the point it engages the client, Money will take advice responsibility for the services referred. 8.2 In so far as the permissions allow, Money will respond to any reasonable enquiries made by you in relation to the service you have referred the client for. 8.3 In the event that you have referred a client to Money for a product or service which you are unable to or unwilling to provide and, as a result of Money's activities and obligations it is determined by Money that the client may be better off with an alternative product, possibly a product that you access or provide, you acknowledge Money's right to continue to offer the client that product or service and Money acknowledges that you will continue to be paid for the referral. 8.4 You will provide clear information to the client about your involvement and relationship with Money. 9 PERSONAL DATA 9.1 Brilliant acts as a Data Controller, Brilliant will process Personal Data in accordance with the relevant Use of Information document available on the website. Further information is available at www.BrilliantSolutions.co.uk/GDPR 9.2 Brilliant will notify you of the need to inform the client of the relevant Use of Information disclosure issued by Brilliant and available on the website. 9.3 In the event that Brilliant engages with a third party in order to deliver the services requested and this party is or will become a Data Controller then Brilliant will notify you and require you to issue the client with the relevant information disclosure for that business, typically a lender or provider of financial services. The obligation to issue the relevant Use of Information notices in 9.2 and 9.3 to the client shall rest with you where you have not authorised Brilliant in writing to contact the client. Where Brilliant has such authorisation in writing, the obligation rests with both parties. 9.4 On termination of this Agreement, and unless there is a subsequent or alternative agreement, Brilliant will securely dispose of Personal Data within 3 months of termination except where law requires Brilliant to store the Personal Data or where Brilliant may be required to keep the information for a future legal defence or in its own legitimate interests in which case the information will be retained for as long as the basis for its retention is in place. 10 GENERAL 10.1 Brilliant reserves the right to update these terms and will display the latest terms on the website. 10.2 Commissions and procuration fees may change but wherever possible will be on the website. 10.3 Brilliant are intermediaries, not agents, so cannot make any binding credit commitments. 10.4 If Brilliant provides services to your client, including advice, it will require a signed client agreement. 10.5 This Agreement is governed under the laws of England and Wales.
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