Terms of Business

These Terms of Business applicable from 15/07/2022 set out the general terms under which we will provide business services to you and the respective duties and responsibilities of both ourselves and you in relation to such services. Please ensure that you read these terms thoroughly and if you have any queries, we will be happy to clarify them. If any material changes are made to these terms, we will notify you.

Authorisation and Codes of Conduct

Distilled Financial Services Ltd trading as Daft Mortgages is regulated by the Central Bank of Ireland. Our authorisation can be checked on the Central Bank of Ireland registers website at www.centralbank.ie or by calling them on 1890 777 777 to verify our credentials. Our reference code is C185923. We are also subject to the Consumer Protection Code, Minimum Competency Code and Fitness & Probity Standards which offer protection to consumers. These Codes can also be found on the Central Bank’s website. 

Our Services

We are a Mortgage Credit Intermediary. Our principal business is to introduce you to one of our Mortgage Partners where they will advise you on the requirements for your mortgage.


At present we have an agency with Stephen Hamilton Financial Services Limited T/a Mortgageline, True Financial Ltd T/A Safenet Financial & Low Quotes and Permanent TSB plc which gives you access to the following lenders;

 

Lenders 
- Brokers Ireland Network Services Ltd
- Permanent tsb plc.
- Dilosk Dac
- Seniors Money Mortgages (Ireland) Dac
- Finance Ireland Credit Solutions Dac
- The Governor and Company of the Bank of Ireland
- Haven Mortgages Ltd
- Avant Money


Mortgages

Through the lenders or other undertakings with which we hold an agency, we will need to collect sufficient information from you before we can forward your details to our partners. This is due to the fact that a key issue in relation to mortgage advice is affordability. Such information should be produced promptly upon our request. Where the creditor is unable to carry out an assessment of creditworthiness because the consumer chooses not to provide the information or verification necessary for an assessment of creditworthiness, the credit cannot be granted.

Disclosure of information

We do not act as your representative to the companies we have agencies with To assist us in providing you with a comprehensive service and to keep our records as up-to date as soon as possible, please notify us of any changes to your personal circumstances, e.g. name change, change of address, etc.

Remuneration

Daft Mortgages is remunerated by commission and other payments from our partners on the completion of your business. 

We may receive up to 1% (or whatever maximum is applicable) of the loan for introducing your mortgage to our partners. This commission is paid by the mortgage lender. The actual amount of commission will be disclosed at a later stage in the ESIS (European Standardised Information Sheet) which will be forwarded to you at loan offer stage by our partner.  A full list of lenders and remuneration is available on request.

A summary of the details of all arrangements for any fee, commission, other reward or remuneration paid or provided to us by our partners is available on our website. If you need further explanation on this information, please do not hesitate to call us.

Conflicts of interest

It is the policy of Daft Mortgages to avoid conflicts of interest in providing services to you. However, where an unavoidable conflict of interest arises, we will advise you of this in writing before providing you with any service. As per above we receive commission from our partners we have agencies with for the business you transact.

Mortgage lenders may seek early repayment of a loan and interest if you default on your repayments. Your home is at risk if you do not maintain your agreed repayments.

Complaints

We have a complaints procedure in place which is available on request. Your complaint can be in writing, email, telephone or face to face. If your complaint is face to face or by phone, we will write to you to confirm our understanding of your complaint. We will acknowledge your complaint within 5 business days, advising you of the name of the person dealing with your complaint on behalf of the company. Please address any complaint to Daft Mortgages, 3rd Floor Latin Hall, Golden Lane, Dublin 8. If in the event, a complainant is dissatisfied with the outcome of our investigation, you are entitled to refer the matter to the Financial Services & Pensions Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2, Lo call 01 5677000 email info@fspo.ie.

Data Protection

Daft Mortgages complies with the requirements of the Data Protection Regulation 1988-2018. The data will be processed only in ways compatible with the purposes for which it was given. We will provide you with a separate Data Privacy Notice that will outline exactly how, what and where we use your data. We may receive referrals from partner firms and may advise them of any transactions arranged for you.


Compensation Scheme

We are members of the Investor Compensation Scheme operated by the Investor Compensation Company Ltd. 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. Compensation may be payable where money or investment instruments  owned or belonging to clients and held, administered or managed by the firm cannot be returned to those clients for the time being and where there is no reasonably foreseeable  opportunity of the firm being able to do so. 

A right to compensation will arise only: If the client is an eligible investor as defined in the Act; and if it transpires that the firm is not in a position to return client money or investment instruments owned or belonging to the clients of the firm; and to the extent that the client’s loss is recognized for the purposes of the Act. Where an entitlement to compensation is established, the compensation payable will be the lesser of: 90% of the amount of the client’s loss which is recognised for the purposes of the Investor Compensation Act, 1998; or Compensation of up to €20,000.  For further information, contact the Investor Compensation Co Ltd. at (01) 224 4955.

Governing Law and Business Succession

These Terms of Business shall be governed by and construed in all respects according to the laws of the Republic of Ireland and will be deemed to cover any successors in business to Daft Mortgages.    

Privacy Policy

Contents

1. Privacy Policy
2. Cookie policy

Introduction

Your privacy is important to us.

This privacy policy has been created to explain how and why we collect and use information about our users, and how we manage your privacy protection. We recommend that you read this statement in full, so that you understand how we will use your personal data. You can also read about specific issues by clicking on one of the topics below.

Table of Contents

1. What personal data do we collect?
2. Legal basis for processing
3. How do we use your personal data?
4. How do we share your information?
5. Your rights and choices.
6. Other important information.

What personal data do we collect?

Daft collects personal data to operate our business and to provide you with the product and services that we offer. You provide some of this data to us directly, for example when you open an account with us, contact an advertiser on the site, or send a query to our support team. Other data is collected when you interact with our products, by using cookies and other technologies.

When using our site, you have choices about what data we collect, and when you are asked to provide personal data you may decline. If you decline to provide data that is necessary to provide you with a particular product or feature, you may not be able to use this product or feature.

We collect personal data in the following ways:

1. Through information you provide to us

When you register with us as a user, you provide us with some personal data such as your name and email address, which we will store in order to create your account. We will also store information relating to any further use of our service, when you contact another user of the site through our platform, the contents of the emails you send to them and any other information that you may upload to the Sites. Finally, we may also collect information from any correspondence that you have with us.

2. Through your use of our services.

When you use our services, we collect information about what types of services you use and how you use them. For example, which parts of our websites you visit, and what advertisements you view. The information that we collect while you use our services can be grouped into the following categories:

    • Information about your device and internet connection

Using technical logs and other tools, we register information about the device you use, such as the device manufacturer, operating systems and browser version. We also collect information about the connection to our services, such as IP address, network ID, cookies and unique ID files. This information can help us to adapt the way content is displayed to you, based on your device and user profile.

    • Information about how our services are used

We also register information about how you use our services. For example, which pages of the site you visit, the searches that you have performed, the times and dates that you visited our site, how long a page is displayed on your screen, how you navigate around the page, which websites you have visited before visiting our site, what functions you have carried out on a page, and if you have completed a transaction.

    • Cookies and other locally stored content

When you use our services, cookies and other data are stored locally on your device. These cookies provide us with information that we can then read. You can find more information about cookies, how and why we use them, and how to manage them in our Cookie Policy.

    • Information about user location

We register your geographical location based on your IP address and mobile network code.

    • Messages

We collect information about when you send or receive messages from other users of our site.

Legal Basis for Processing

We process your Personal Data in order to ensure the necessary performance of your contract with us. In certain circumstances, we may also process your Personal Data for the purposes of our legitimate interests, such as to inform you of changes to our services, to provide you with information about other services we offer, or in order to comply with any legal obligations to which we are subject.

We may also rely upon your consent as a relevant legal basis for processing your Personal Data. In the event you wish to withdraw your consent to the collection and processing of your Personal Data in this manner, please follow the links below:

  1. My Daft

How We Use Your Personal Data

We use the data that we collect to provide you with the products and services that we offer. This allows us to improve the products that we offer you and to personalise your experience on our site. We may also use the data to communicate with you, to inform you about your account and to provide you with security updates. Where you have consented for us to do so, we may also use your data to contact you in relation to updates about our own products, products provided by third parties, and to help to show you more relevant adverts on the site.

Your data will be used by us to authenticate your account and to enable you to interact with other users of our site.

    • Contacting advertisers and service providers

When you contact an advertiser through our site, we will use the personal data that you have provided as part of this contact to connect you to the advertiser and in some circumstances, any developer the advertiser represents - for example, new home developers represented by agents. The advertiser and developers will receive a copy of any data that you have entered as part of your message to them. It is recommended that you familiarise yourself with the privacy and data retention policies of any 3rd parties that you share your data with.

    • Communications

We will contact you via email and messages posted on our website or apps. These messages will communicate about service related issues and security updates. Where you have consented for us to do you, we will also contact you with promotional marketing materials from us and from our partners. You can update your marketing preferences at any time within your account. Please note that it will not be possible to opt out of receiving service messages from us. This includes messages relating to security and legal notices. We may issue marketing materials to the properties that are listed on our platform for the purposes of advertising our services to the occupiers of such properties.

We, and carefully selected third parties, may issue marketing materials to the properties that are listed on our platform for the purposes of advertising our services and the services of selected third party services, to the occupiers of such properties.  

    • Advertising

Banner advertising on our site is targeted to visitors of the site through a variety of ad networks and exchanges. We also use this data to measure the performance of these adverts. We use the data that you provide to us, through your cookie preferences, either separately or combined to achieve this.

    • Research and Developing Our Services

We use data that we collect through your use of our site and through public feedback, to conduct research and develop our services based on our findings. This allows us to provide you with a better experience when using our site. 

 

    • User Research Participation

We use the data that you provide us in order to contact and schedule your participation in our research. The purpose of this research is to continuously improve the products and services we offer. The data we collect from you will only be accessible by a small number of our internal research team and will be destroyed 6 months after collection. If selected, none of your personal details will be linked to any of your responses in the research.

    • Customer Support

We use the data that you provide to us, including your communications, to investigate and respond to service issues and complaints.

    • Insights

We use your data to generate statistics about our site that do not identify you using third-party assets such as cookies. Please see our Cookie Policy for more details. These statistics provide us information about how our site is used, the number of ad impressions served or clicked on, and the demographic distribution of visitors to our site.
On various pages of our website, we record visitor behaviour and serve polls/surveys via HotJar. Visitor behaviour is recorded anonymously through click heat maps for each page HotJar is implemented and also through recordings of visitors interacting with the site. For visitor recordings, all personally identifiable information is whitelisted including searches. HotJar also enables us to serve surveys and polls. These surveys are optional and in most cases, we don't ask for or receive any personally identifiable information. Where we ask for an email address/phone number, the users needs to consent before the survey is submitted.
We also use a third party called Wootric to measure customer satisfaction for Daft. Site visitors are asked how likely they are to recommend the site to a friend and given the option to submit a comment on their experience with the site. There is no personally identifiable information stored.

    • Security Monitoring and Investigations

We will use your data when necessary to investigate and identify possible fraudulent behaviour on the site and possible attempts to harm other members or visitors to the site. We will also use your data to investigate violations of our Terms of Use or this Privacy Policy.

How we Share Your Information

We retain access to all personal information that we have collected from you. If you have consented on signup or on the appropriate email form, we may provide any of the information we collect to carefully screened third parties to contact you regarding products or services that we think may be of interest to you. If Daft enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.

    • Our Services

Our service allows you to engage with other members of our site. If you send a message to another member of our site, your message will be shared with that site member.

    • Service Providers

We engage other service providers to help us to provide our service to you. For example, to process payments, site maintenance and fraud detection. These service providers will have access to your information as much as is reasonably necessary for them to perform these tasks on our behalf. They are obligated not to disclose or use your data for any other purpose.  When a user is making a purchase on our android application {v5.0.0.0 and subsequent releases} we use Stripe (Our payments partner) to process their payment. Stripe will act as data controller for the information captured during and in support of payment processing, attained via a purchase.https://stripe.com/ie/privacy https://stripe.com/ie/ssa 

    • Legal Disclosures

When required to by law, we may disclose information about you. This may be as a result of a subpoena or other legal process. Your personal information will also be shared if we believe that the disclosure is necessary to

      1. Be used by government enforcement agencies investigate, prevent or take action against any suspected or actual illegal activities.

      2. To enforce the agreements that we have with you.

      3. To investigate and defend Daft against any allegations made by third parties.

      4. To protect the integrity and security of our services.

      5. To exercise the rights and safety of Daft, our employees and other users of our service.

    • Change of Ownership

If Daft enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners in preparation for, or as a result of, any of these events. Any other entity which buys Daft or any part of our business, will have the right to continue to use your data in the way described by this privacy policy, unless you consent otherwise.

Your Rights and Choices

The General Data Protection Regulations offer you a number of rights in relation to your data. This includes the right to access a copy of your data, a right to receive a copy of your data that can be transferred to another organisation, a right to data deletion, a right to withdraw your consent to data processing, a right to restrict the processing of your data, and information on any automated decision making processes.

    • Data Retention

The amount of time that we retain data for, depends on the type of data being retained, and how that is used. In some cases, there will be a legal requirement for us to hold data for a specified amount of time. In other cases, we will not retain the data for any longer than necessary for the purpose that it was collected and processed.

When you register an account with us, we will retain the personal information that you provide to us for as long as you hold this account. Once an account has been closed, we will continue to retain this personal data for a period of seven years. This timeframe is in line with the Irish statutory limitation periods. If you don't actively close your account with us, it automatically become inactive after 3 months of you not accessing it. After this, the personal data you have provided us will be retained for seven years.

All other data provided, which is not personally identifiable, will be retained for possible future use, including details outlined in section 10 of the Terms & Conditions. If you have provided data to us without registering an account, this data will be retained for 7 years after your last date of activity with us.

    • Right to Access Your Personal Data

Non-registered and registered users of the Sites can request we provide them with a copy of the personally identifiable information we hold by using our data request feature.

    • Right to Control Your Personal Data

Registered users of our site can update their information by using our data request feature or contacting our Customer Support Team directly. You can also edit and make changes to the personal information by logging into your account and editing it directly from there. You can change your marketing and contact preferences at any time in your account dashboard by opting out receiving of these communications. You may ask us to make any necessary changes to ensure that such information is accurate and kept up-to-date.

    • Right to Data Deletion

Non-registered and registered users of our sites can request we delete any personally identifiable information we hold by using our data request feature. In some instances we may be unable to delete your data if we are required to retain it to comply with our legal obligations (including requests from law enforcement agencies).

    • Right to Data Portability

Registered users of our site have the right to data portability. This means that you can request that a copy of your data is made available in a structured, commonly used and machine readable form that can be transferred to you or to another organisation. You may request a portable copy of your data by using our data request feature.

Daft Mortgages may also hold information you provided to them. They are a separate data controller. If you wish to exercise any of the above rights in relation to information you provided to Daft Mortgages then email daft.mortgages@daft.ie

Other Important Information

    • Special Category Personal Data

Daft does not collect any special categories of personal data. However, if you enter this information into any free text section of our site, such as the ad description, or on our forums, this information will be held and processed in the same manner as all other data that you have provided to us.

    • Security

The security of your data is important to us. We perform regular monitoring of our systems to identify possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send to us. No guarantee is given that the data will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

    • Direct marketing

We will only send you marketing information where you have opted in to receive these communications. You can change your marketing preferences at any time, by logging into your account and changing this on your account dashboard. You can also opt out of receiving marketing at any time using the unsubscribe link that can be found at the end of each email that we send.

    • Changes to this Statement

This statement will be updated when necessary to reflect changes that we make to our products. When this statement is updated, the "last updated" date will be revised at the top of this statement. We encourage you to review our Privacy Policy regularly so that you can stay informed about our use of your data.

    • Contact information

If you have any questions in relation to this Policy, please contact our Data Privacy Officer at dpo@daft.ie. You can also contact us by writing to

Data Privacy Officer
Distilled
Latin Hall
Golden Lane
Dublin 8.

If contacting us does not resolve your complaint, you have the right to contact your local Data Protection Commissioner. In Ireland, they can be contacted via their website here.

Cookie Policy

What are cookies and how are they used?

A cookie is a small amount of data that is sent to your device’s web browser by a website and is stored on your *device's hard drive. Cookies may allow a website to “remember” your actions or preferences over a period of time, or they may contain data related to the function or delivery of the website. Each website can send its own cookies to your web browser. Your browser will have the option to prevent websites using cookies (your browser's help screen will tell you how to do this), but please note that this may reduce the functionality of our website and other websites.

Daft.ie (the website) uses cookies to keep our platform working as you expect it to, to analyse traffic, to prevent non-genuine users and/or malicious software from engaging in abusive activities on our platform, to enable performance and product improvements, to tailor your experience through personalised content and advertising, and to offer features for social media.

*PCs, tablets, mobile phones and any other internet accessible hardware.

 

Types of Cookies:

First-Party Cookies

First-party cookies are directly stored by the website (or domain) you visit. These cookies allow website owners to collect analytics data, remember language settings, and perform other useful functions that provide a good user experience.

Third-Party Cookies

Third-party cookies are created by domains that are not the website (or domain) that you are visiting, hence the name third-party. They are typically used for cross-site tracking, retargeting and the personalised advertising.


Cookie Categories:

Strictly Necessary Cookies

These cookies are essential in order to enable you to navigate the website and use its features, such as accessing secure areas of the platform. Without these cookies, services you have asked for, like shopping baskets or checkout features, cannot be provided. 

To prevent non-genuine users and/or malicious software from engaging in abusive activities on our platform, reCAPTCHA and the cookies it requires to function are classified as strictly necessary to ensure the overall safety of our marketplace. 

For the privacy of our users, we only use Google Analytics to process obscured and/or non-personally identifiable data to track and understand aggregated usage metrics on our platform, such as number of visitors and unique visits. With these privacy safeguards, Google Analytics and the cookies it requires to function are classified as strictly necessary.

Analytics Cookies

These cookies collect information about how visitors use our website, for instance; which pages users visit most often, which links they click on, if they get error messages from certain pages. etc. 

These cookies do not collect information that can personally identify a user. Any information these cookies collect is aggregated and therefore anonymous. Their sole purpose is to help improve website functions.

Functional Cookies

These cookies allow the us to remember some of the choices you make and provide an enhanced, more personalised experience (e.g. remembering your user name and password for login, your search view preferences between sessions etc). 

These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. 

They may also be used to provide services you have asked for such as watching a video or posting a comment. The information these cookies collect may be anonymised and cannot track your browsing activity on other websites.

Advertising Cookies

These cookies are used to deliver advertisements that are more relevant to you and your interests as you browse the internet. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. 

They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organisations such as advertisers. 

Quite often marketing or advertising cookies will be linked to site functionality provided by the other organisation.

This Cookie Policy forms part of our overall Privacy Policy. From time to time, there may be changes to these third-party cookies such as name changes, etc. We will endeavour to keep the table updated and encourage you to review the Privacy Policies of each of the third parties listed above.