Privacy policy - Help to Stay Wales

Whenever you provide personal information to Help to Stay Wales, or we collect personal information about you, we will only use it in accordance with this privacy notice. Please read this carefully.

This privacy notice applies to the Help to Stay Wales (the ‘Scheme’), a Scheme which is managed by the Development Bank of Wales (DBW) subsidiary company Help to Buy (Wales) Ltd.

Whenever the terms ‘DBW’, ‘Help to Stay Wales’, 'we’, ‘us’, or ‘our’ are used in this notice, it means Help to Buy (Wales) Ltd. as the Data Controller and the manager of the Help to Stay Wales Scheme.

For our full list of privacy documentation click here.

Find out more about our governance structure on our governance page.

Our privacy principles

We take your privacy seriously and are committed to protecting your personal information. This means:

  • We will only ask you to provide us with your personal information that helps us to help you.

  • We will hold your personal information securely and responsibly. We use safeguards including electronic encryption, to prevent unauthorised access to your personal information.

  • We will only share your personal information with other companies in the DBW Group, with suppliers who perform services on our behalf, and as otherwise set out in this notice.

  • We will never sell your personal information.

Why we collect and use your personal information

We may collect and use personal information about you for the following reasons:

  • In connection with, and for ongoing management of an application to the Scheme.

  • Because you would like us to contact you in response to a specific enquiry.

  • Meeting our regulatory and legal obligations.

  • Using your information to handle and resolve a complaint you may have, should you wish to raise one.

  • Using your information in accordance with the Terms and Conditions of the scheme.

We may contact you by mediums such as post, telephone, email, text messages or other digital methods of communication, including through other methods that may become available in future. We may send communications for the purposes of:

  • Ongoing management of equity loan products we have provided to you.

  • Meeting our regulatory obligations.

More information about how we use your information in connection with each of these purposes can be found below This website also uses cookies, more details can be found in our cookies policy.

See also gov.wales cookie policy.

Your data protection rights

The personal data you provide to us will be held in accordance with our responsibilities under data protection legislation. This includes the Data Protection Act 2018 and the UK General Data Protection Regulation. These laws contain specific rights for you, including:

  • The right to access – You have the right to request copies of your personal data (this is also known as a subject access request).

  • The right to rectification – You has the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete information you believe is incomplete.

  • The right to erasure – You has the right to request that we erase your personal data, under certain conditions.

  • The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions

  • The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

  • The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

  • The right to complain to the regulator - the Information Commissioner's Office, if you are unhappy about how your personal data is being used. The ICO can be contacted at www.ico.org.uk

If you would like to exercise any of the rights set out above, including requesting details of the personal data we hold about you, please e-mail us or write to us at:

DATA PROTECTION OFFICER,

Development Bank of Wales,

1 Capital Quarter,

Tyndall Street Cardiff,

CF10 4BZ.

1. Using your personal information in connection with our equity loans

Why does Help to Stay Wales need to use my personal information? 

If you apply to us for an equity loan, you will need to provide us with information about you. This is so that we can decide whether you are eligible for an equity loan. If your application is successful, we will continue to use your information as part of our ongoing management of funding to you.

We might also use personal information about you which is provided by others to inform our equity loan decisions. For instance, if you are financially associated with an applicant, then we will need to collect personal information about you both.

We may also share personal information about you with government departments such as HM Land Registry, in order to check and validate the data we hold with data held centrally by HM Land Registry.

We may also share personal information about you with third-parties, including Welsh Government and agencies working on their behalf such as Rent Smart Wales, and HM Land Registry in order to comply with our legal and contractual obligations, and where it is in our legitimate interests to do so (for example, for prevention of fraud or financial misconduct, or to monitor compliance with the terms and conditions of the scheme).

If your application is unsuccessful, we will hold your data for 2.5 years.

What information do I need to provide to Help to Stay Wales?

The exact information that we require will be set out on the application form itself. It will include basic information about you, such as your name, address, and date of birth. We will also ask you to provide information about your financial standing.

If we decide to make an offer of an equity loan, we will ask you to complete a diversity monitoring form. Any information you provide to us on this form will only be used to help us monitor if we are achieving real equality of opportunity in delivering our services. It will not be used to make decisions affecting you.

What does Help to Stay Wales do with my information?

When you provide your information to us, or if it is provided by others as part of an application, we will use it in order to assess the application and to make a decision on whether or not to provide the equity loan. We will then use your information as part of our ongoing management of the equity loan and to facilitate your property transaction. Our uses of your information may include:

  • Making searches about you at credit reference agencies. These agencies will provide us with credit information as well as information from the electoral register and will record details of any searches whether or not your application proceeds. You can find out more information about how your information is used by credit reference agencies and fraud prevention agencies by reading the Credit Reference Agency Information Notice (“CRAIN”). This document describes how the three main credit reference agencies each use and share personal data. Access the CRAIN.

  • Having your property independently valued by a RICS (Royal Institute of Chartered Surveyors) appointed surveyor. If you proceed to this stage of the scheme, we will share your details with the surveyor for them to contact you.

  • Sharing your information with solicitors in order to carry out legal formalities in association with your equity loan application.

  • Sharing your data with HM Land Registry in order to validate property data held by us with property data maintained by HM Land Registry.

  • Sharing your data with Welsh Government and agencies employed on their behalf, who may contact you for research purposes. These purposes include conducting scheme reviews, obtaining feedback from customers and applicants, analysing areas of improvement, and to conduct research and statistical surveys relating to the scheme. You will be given the opportunity to opt-out of these. Help to Stay Wales may share this data in confidence to other government departments, local authorities, and agencies working on Help to Stay Wales and the Welsh Government’s behalf.

  • Sharing your information with independent mortgage advisers to assess your suitability for the scheme. 

  • Sharing your information with tracing agents in order to collect arrears, should you fall into arrears with your repayments of your equity loan to us.

  • Using your information in order to handle and resolve a complaint you may have, should you wish to raise one, including sharing that information with an Ombudsman, Dispute Resolution Service, or Regulatory Authority.

  • Using your information in accordance with the Terms and Conditions of the Scheme.

As part of the activities listed above, we may share your information with your accountants, employers, and the Welsh Government. 

If you provide us with additional information relating to requirements for additional support or adjustments, we will use this information to add notes to your records about any support or adjustments you need (for example using large print when we communicate with you) to ensure it’s easier for you to interact with us.

If you provide us with additional information about your personal circumstances, we will use this information to add notes to your records about your personal circumstances to help us better manage your individual situation.

If you provide us with any special category data in relation to any support or adjustments you require, we will process this solely for the purposes of providing additional support and adjustments to you, and for the provisions of safeguards for vulnerable applicants. We will not share any special category data you provide to us with other parties.

Where will my data be processed?

Your personal data will be processed within the UK or European Economic Area (“EEA“). We will take precautions (in accordance with relevant guidance by regulatory bodies) to ensure that any transfer of your data outside the UK/EEA will be subject to safeguards that protect your privacy rights, and your data will be kept secure at all times.

What is the legal basis for using my information?

Under data protection law, we must have a valid legal basis for collecting and using your personal information. When you apply for an equity loan with us, the following legal bases may apply:

Performance of a Contract

Your application is a request for us to enter a contract with you. We are permitted to use your personal information where it is necessary for us to do so in order to perform pre-contractual steps, to enter into a contract with you, and for the performance of a contract we have in place.

Legal Obligation

We are permitted to use your personal information where it is necessary in order for us to comply with our legal obligations.

We are subject to various legal obligations whenever we consider applications for an equity loan, including anti-money laundering legislation and the requirements of the Financial Conduct Authority.

Legitimate Interests

We are permitted to use your personal information where it is necessary for our legitimate interests, provided that our interests are not overridden by your own interests.

Where you have applied for an equity loan with us, or are an existing customer, we process your personal information for the following reasons under our legitimate interests:

  • Conducting appropriate checks on potential customers

  • Ensuring the repayment of equity loans to us

  • Assessing compliance with the scheme policies and terms and conditions

  • Managing the development of your property and your property transaction

  • Conducting appropriate validation of property data held by us (that has been provided by you) with property data held by HM Land Registry.

  • Investigating and managing enquiries and complaints, including analysing enquiries and complaints for the purposes of preventing failures and rectifying negative impacts on customers.

  • To consider customers’ welfare needs, including provision of any adjustments, support, or protection they need to be put in place.

  • Preventing and investigating fraud, money-laundering and other financial misconduct.

  • To develop and improve our products and services, including conducting customer surveys and research.

  • Obtaining feedback from customers about our products and services

  • Ensuring business continuity, disaster recovery and network and information security.

Legal Basis for Processing Special Category Data

Data Protection laws treat some types of personal information as being particularly sensitive. This information is called ‘Special Category Data’. We will not collect or use these types of data without your consent unless the law allows us to do so. If we do, it will only be under one of the following legal bases:

  • For reasons of substantial public interest; or

  • We have your explicit consent to do so; or

  • To establish, exercise, or defend legal claims.

How long does Help to Stay Wales keep my information?

If your application is successful, we will keep your personal information for at least the duration of your contract with us, and after that for a period of six years. This is to ensure that we have a full record of the contract between us, if there should be any dispute about the contract.

If your application is unsuccessful or withdrawn, we will retain and destroy your personal data in accordance with our data retention schedule.

We may hold your information for longer where it is necessary to comply with our legal obligations, to exercise legal rights, comply with the Terms and Conditions of the fund or to defend legal claims.

What happens if I do not provide my information to Help to Stay Wales?

In order for us to consider your application, you must provide information about you to us. If you do not provide all of the details we request in the application form, we will be unable to assess your application and it may result in you not being able to access our equity loan.

2. Using your personal information to respond to your enquiry

Why does Help to Stay Wales need to use my personal information?

If you contact us for more information about an equity loan, or to make a general enquiry, we will need to process your personal information in order to respond to you. 

What information do I need to provide to Help to Stay Wales?

That will depend on the nature of your query. The ‘contact us page’ on our website sets out the minimum information we will need about you in order to respond to your query. You may also contact us by sending your query to the following email address: Applications@helptostay.wales 

What does Help to Stay Wales do with my information?

We will use the information to respond to your query.

What is the legal basis for using my information?

Under data protection law, we must have a valid legal basis for collecting and using your personal information. When you apply for an equity loan with us, the following legal bases may apply:

When you contact us with an enquiry, the following legal bases may apply:

Performance of a Contract

If your enquiry is related to an application or contract, we have with you, we are permitted to use your personal information where it is necessary for us to do so in order to perform pre-contractual steps, to enter into a contract with you, and for the performance of a contract we have in place.

Legal Obligation

We are permitted to use your personal information where it is necessary in order for us to comply with our legal obligations.

We are subject to various legal obligations whenever we consider applications for an equity loan, including anti-money laundering legislation and the requirements of the Financial Conduct Authority.

Legitimate Interests

We are permitted to use your personal information where it is necessary for our legitimate interests, provided that our interests are not overridden by your own interests.

Where you contact us with an enquiry, we process your personal information for the following reasons under our legitimate interests:

  • Investigating and managing enquiries and complaints, including analysing enquiries and complaints for the purposes of preventing failures and rectifying negative impacts on customers

  • To consider customers’ welfare needs, including provision of any adjustments, support, or protection they need to be put in place

  • To develop and improve our products and services

  • Obtaining feedback from customers about our products and services

  • Ensuring business continuity, disaster recovery and network and information security.

 Legal Basis for Processing Special Category Data

Data Protection laws treat some types of personal information as being particularly sensitive. This information is called ‘Special Category Data’. We will not collect or use these types of data without your consent unless the law allows us to do so. If we do, it will only be under one of the following legal bases:

  • For reasons of substantial public interest; or

  • We have your explicit consent to do so; or

  • To establish, exercise, or defend legal claims.

How long does Help to Stay Wales keep my information?

We will hold your information for the time it takes to deal with your query. We will retain and destroy any personal data associated with your query in accordance with our data retention schedules. We may hold your information for longer where it is necessary to comply with our legal obligations, to exercise legal rights, comply with the Terms and Conditions of the equity loan or to defend legal claims.

What happens if I do not provide my information to Help to Stay Wales?

For us to respond to your query, you must provide information about you to us. If you do not provide all of the details we request in the application form, we will be unable to respond to or resolve your query.

3. Using your personal information in connection with products or services you provide us

Why does Help to Stay Wales need to use my personal information?

If you provide products or services to Help to Stay Wales, you will need to provide us with information about you. This is so we can decide whether you are the right person or entity to deliver the required product or service. We will continue to use your information as part of our on-going management of the product or service you provide.

What information do I need to provide to Help to Stay Wales?

We require information such as your full name, address and contact details, including email address and telephone number. 

What does Help to Stay Wales do with my information?

When you provide your information to us, we will use it in order to assess your suitability for the service. We will then use your information to manage our ongoing relationship while you provide the service and will share that information with third parties as is required.

You acknowledge and agree that your personal data may be processed outside the European Economic Area (“EEA“). We will take precautions (in accordance with relevant guidance by regulatory bodies) to ensure that any transfer of your data outside the EEA will be subject to safeguards that protect your privacy rights, and your data will be kept secure at all times. 

What is the legal basis for using my information?

Under data protection law, we must have a valid legal basis for collecting and using your personal information. When you apply to provide a service to us, the following legal bases may apply:

When you apply to provide a service to us, the following legal bases may apply:

Performance of a Contract

Where you provide a service you provide to us, we are permitted to use your personal information where it is necessary for us to do so in order to perform pre-contractual steps, to enter into a contract with you, and for the performance of a contract we have in place.

Legal Obligation

We are permitted to use your personal information where it is necessary in order for us to comply with our legal obligations.

We are subject to various legal obligations whenever we procure services or goods including: procurement regulations, public contracts regulations and data protection legislation.

Legitimate Interests

We are permitted to use your personal information where it is necessary for our legitimate interests, provided that our interests are not overridden by your own interests.

Where you provide us with a service, we process your personal information for the following reasons under our legitimate interests:

  • Conducting checks on potential service providers and suppliers

  • Investigating and managing enquiries and complaints, including analysing enquiries and complaints for the purposes of preventing failures and rectifying negative impacts on customers

  • To develop and improve our products and services

  • Providing feedback to our suppliers about their products and services.

  • Ensuring business continuity, disaster recovery and network and information security.

Legal Basis for Processing Special Category Data

Data Protection laws treat some types of personal information as being particularly sensitive. This information is called ‘Special Category Data’. We will not collect or use these types of data without your consent unless the law allows us to do so. If we do, it will only be under one of the following legal bases:

  • For reasons of substantial public interest; or

  • We have your explicit consent to do so; or

  • To establish, exercise, or defend legal claims.

How long does Help to Stay Wales keep my information?

We will keep your personal information for at least the duration of your contract with us, and after that for a period of Six years. This is to ensure that we have a full record of the contract between us, if there should be any dispute about the contract. We may hold your information for longer where it is necessary to comply with our legal obligations, to exercise legal rights or to defend legal claims.

What happens if I do not provide my information to Help to Stay Wales?

You are not obliged to provide any information to us. However, if you do not provide the details we request, we will be unable to use your services.

How to raise a concern or make a complaint

To the Development Bank of Wales:

If you have any concerns or complaints about our use of your personal information, we would appreciate the chance to resolve your issue in the first instance. You can make a complaint to us at dpo@developmentbank.wales or write to us at the same address as above.

To the Information Commissioner’s Office (ICO):

If you are unhappy with how we have used your personal information, or dealt with your concern or complaint, you can also complain to the UK data protection regulator, the ICO. The ICO can be contacted at www.ico.org.uk or by phone on 0303 123 1113.