Data Protection Notice
This notice sets out the basis on which any personal data we collect from you, or from others will be processed by us. Please read the following carefully to understand our practices regarding your personal data and how we will treat it. For the purpose of the Data Protection Acts 1988 -2018, (‘’the Acts’’) and the General Data Protection Regulation (‘’GDPR’’) (Regulation (EU) 2016/679) (each as amended, revised, modified or replaced from time to time) the data controller is:
Irish Mortgage Holders Organisation, our data protection contact is the Operations Manager.
Registered address: IMHO, 4th Floor Ocean House, Arran Quay, Dublin 7.
We may collect a range of personal information from you, depending on your circumstances and the services you require. You may give us personal data by:
• Communicating with us by phone, email text, instant messaging, social media, and/or any other form of written or audio communication. We ask you to disclose only as much information as we need to provide you with our services or to submit a question, a suggestion, or a comment in relation to our services.
• Attending meetings with us. These meetings might include the provision of personal data by you, or the filling in of forms required for us to provide a service to you.
• Using the call back form on mortgageholders.ie.
In some cases, we may receive data from you that relates to another individual, for example, in a joint bank statement. In these cases, we will use the information purely for the purposes of the provision of services to you and we will not otherwise process the data.
When you use our services, we may obtain, with your authorisation, records relating to your situation, such as records held by your creditors or financial institutions. The records that we may obtain will vary depending on your circumstances and the third parties involved.
We collect the information in order to provide you with our services. We may use this information to:
• Contact you to arrange appointments or to return your calls
• Assess your circumstances and to recommend courses of action
• Refer you to a third-party (mabs, solicitor etc)
• Engage with third parties in relation to your situation, including public and private organisations
• Assist you to fill in forms
• Keep you informed in relation to your case
• Conduct statistical analysis and reporting, for training purposes, for quality review purposes and for social policy purposes
The legal bases for the processing of your data are:
• That you have provided consent for the processing for the provision of our services
• Processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us as the controller
• Processing necessary for compliance with a legal obligation to which we are subject From time to time, we may also collect sensitive or ‘special category’ data in the provision of our services.
The legal basis for the processing of your special category data is:
• That you have provided consent for the processing for the provision of our services
We may share your personal data with other advisory entities, and with public and private organisations such as creditors, financial institutions, or the Insolvency Service of Ireland to provide you with our services.
We attach at Schedule 1 a list of entities with whom your personal data may be shared. We attach at Schedule 2 an additional list of entities with whom your personal data may be shared if you avail of Insolvency Service with IMHO. Version: August 2020 In addition, we may disclose your personal information to third parties:
• If there is a risk of serious harm to you or to another person or to property
• If we are under a duty to disclose or share your information to comply with any legal obligation.
• If we are required to give evidence in court.
• To get legal advice or to defend a legal right.
• In the event of a disclosure relating to child abuse.
How long we keep your information depends on the type of information and the purposes for which it is required.
We will keep your information for no longer than is required or permitted, as follows:
• Where we have advised on or assisted with your financial situation, we will retain your information for two years, from the date your file is closed.
• Where you have availed of the Abhaile Scheme, we will retain your information for three years, after the termination of the scheme.
• Where we have arranged payments to or facilities with your creditors, we will retain your information for six years, from the date your file is closed.
• Where you have availed of the Approved Intermediary Service, we will retain your information for 12 months, from the date your file is closed.
You have the following rights: • The right to access the personal data we hold about you. • The right to require us to rectify any inaccurate personal data about you without undue delay. • The right to request that we erase any personal data we hold about you in circumstances where, it is no longer necessary for us to hold the personal data or, in some circumstances, where you have withdrawn your consent to the processing. Version: August 2020 • The right to object to us processing personal data about you, such as processing for profiling or direct marketing. • The right to ask us to provide your personal data to you in a portable format or, where technically feasible, for us to transfer that personal data to another provider as long as it does not result in a disclosure of personal data relating to other people. • The right to request a restriction of the processing of your personal data. Where our processing of your personal data is based on your consent to that processing, you have the right to withdraw that consent at any time, but any processing that we have carried out before you withdrew your consent remains lawful. You may exercise any of the above rights by contacting the Operations Manager at our registered address. You may lodge a complaint with the Data Protection Commission with respect of our processing of your personal data. The Data Protection Commission website is www.dataprotection.ie
This notice may change from time to time, and any changes will be posted at www.mortgageholders.ie and be effective when posted. This notice was last updated August 2020.
IMHO welcomes your comments regarding this Data Protection Notice. If you believe that IMHO has not adhered to this Notice, please contact Angela O’Brien (email@example.com) or 00353 1 874 7662. We will use commercially reasonable efforts to promptly determine and remedy the problem.
Any legal successors to IMHO
Where the IMHO transfers its business to another company or merges with another company
Where ICT services such as hosting, software, storage or similar are provided by or maintained by a third party.
Where our files are securely destroyed by a third party.
Depending on your circumstances, and with your authorisation, we may also share your data with other third parties
Creditors & Financial institutions
We may need to contact your creditors, their agents, other connected third parties as agreed and financial institutions to request information from them about the debts you have and the balances on all accounts you hold with them. We may also need to give them information about your overall financial situation, including your income and expenditure, your assets, a full list of debts and the outstanding balance on any accounts you have.
Where we refer you to a public body or assist you in accessing the services of a public body, such as the Financial Services and Pensions Ombudsman.
Where we refer you to a voluntary organisation or assist you in accessing the services of a voluntary organisation.
Insolvency Service of Ireland (ISI)
If you wish to avail of the Approved Intermediary Service, IMHO will share your data with the Insolvency Service of Ireland (ISI) as part of the application process and will send your file to the ISI if your application is successful.
Advisors providing advice on insolvency
For advice purposes, more detailed data will be shared between the advisors working with you under the insolvency scheme. This will include your Standard Financial Statement or Prescribed Financial Statement and a copy of the written financial advice or legal advice provided to you. Please note the advisers may be obliged to retain client files for certain periods of time – for example, a solicitor or PIP is obliged under professional oversight regulations to keep client files securely for a minimum period.