What is Personal Data?
Under the EU’s General Data Protection Regulation (GDPR) Personal Data is defined as “any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
Special Categories of Personal Data:
Certain data are classified under the Regulation as “special categories”:
- Ethnic origin
- Political Opinions
- Religious Beliefs
- Trade-union membership
- Genetic Data
- Biometric Data
- Health Data
- Data concerning a natural person's sex life
- Sexual orientation
The Organisation processes both types of personal data, but consent must be explicitly given where we are asking you for sensitive personal data, we will always tell you why and how the information will be used.
The Personal Data We Collect
The Organisation will collect the information you provide in a manner that is compatible with the EU’s General Data Protection Regulation (GDPR), examples of personal information may include (but is not limited to) your name, address, telephone number(s), email address(es) and other general lifestyle information.
Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.
Personal information can be collected in a variety of different ways, which can include but are not limited to: -
- In person via our branch office network,
- by telephone,
- by post,
- by SMS,
- by email,
- via social Media such as Facebook,
- via our Website,
- via third party websites and portals e.g. Rightmove, Zoopla, AllAgents etc.
In addition, if you have agreed that we can, we also collect Cookies and other similar Technologies which are detailed here.
Why Do We Need to Collect and How do we use your Personal Data?
The Organisation will use information you provide in a manner that is compatible with the EU’s General Data Protection Regulation (GDPR). The below lawful basis allows The Organisation to perform these actions. In any event, we are committed to ensuring that the information we collect, and use is appropriate for the below purposes and does not constitute an invasion of your privacy.
You can opt out of receiving marketing and promotional materials from The Organisation at any time by contacting the branch you have registered with, branch contact information can be found here.
We may collect and process personal information about yourself, to: -
- Create a profile based on the information we hold about you. This information may be provided (but is not limited to) when you register your details with us for any of our services, enter into a transaction with us, provide feedback on our service online or use our website.
We process your personal information in this way, as it is necessary for the purposes of our legitimate interests in ensuring we have accurate information about you in one place.
- Tailor our marketing and communications to you, based upon your personal preferences, such as types of service you are looking for, the location of your search area, the budget you are willing to spend etc. Examples of communication could include (but is not limited to); property details, market updates, up to date valuation updates, events or promotions, company news, details of products and services and other property related information. We may also send you information about our third parties products and services (if you have chosen to receive such information).
- Improve our website user experience by tracking cookies and similar technologies, more information can be found by clicking here.
- Improve our user experience by contacting you to get your personal views and comments on the services we provide to you, carrying out market research and tracking of sales data.
This is necessary for the purposes of our legitimate interest in analysing our brand and providing better products and services for you and our other customers.
- Comply with legislation such as The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (more commonly referred to as the Money Laundering Regulations 2017) and Right to Rent checks required under Section 22 of the Immigration Act 2014 if you are renting a property
- Assess your creditworthiness (in the case of buying or renting a property) and to prevent fraud. For this purpose, we may need to share your personal information with our referencing providers and/or solicitors (see “Reasons we share personal data” below).
This is necessary for the purposes of our legitimate interests in ensuring we are not the victim of fraud and to protect our legal rights.
- To provide customer support, if you contact our team (or vica versa), we will use your personal information to process your request and provide you with the best service possible. This could be helping to resolve an issue with our services, or with a property you are renting. We may keep a record of that correspondence and ask for further necessary information.
- Process your transaction when you are using any of our services. This information may also be required to be passed onto third parties, including but not limited to solicitors, surveyors, financial advisors etc. (see “Reasons we share personal data” below).
We will process your personal information in this way, if it is necessary for either the performance of a contract, if it is required for us to comply with any legal obligations it is necessary for the purposes of our legitimate interests in ensuring we can provide the best service possible.
- Ensure the safety of our staff and clients, prior to any appointments being arranged, such as viewing and market appraisals.
This is necessary for the purposes of our legitimate interests in ensuring we are protecting our customers and staff.
- Analyse our business, for sales and financial analysis purposes, to determine how The Organisation is performing and where improvements can be made.
This is necessary for the purposes of our legitimate interests in understanding how our business is performing and consider performance improvements.
- Contact you about possible job opportunities. If you apply for a job with us, even if unsuccessful, we will keep your information on file and potentially contact you should a suitable position arise.
This is necessary for the purposes of both our legitimate interests and that of the candidate, should a suitable position arise in the future.
How long do we store your Personal Data?
The Organisation will store the information you provide in a manner that is compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavour to keep your information accurate and up to date and not keep it for longer than is necessary. In some instances, the law sets the length of time information must be kept, but in most cases The Organisation will use its discretion to ensure that we do not keep records outside of our normal business requirements.
The Organisation will hold data supplied for the following retention periods, for both sales and lettings;
- Where the lawful basis used is Legitimate Interest = 7 Years
For example, where a client or customer has registered with us, expressing an interest in any of our services such as buying, selling, letting or renting a property through us. More examples of legitimate interests can be found by clicking here.
- To comply with The Property Ombudsman Codes of Practice = 6 Years
Requirement to maintain clear and full written records of transactions and associated offers, for a period of six years.
- To comply with Money Laundering Regulations 2017 = 5 Years
Requirement to hold records for a period of five years.
If you have an Account on our website and it has been deemed dormant then we may delete the Account and all personal information ‘tied to’ or ‘held against’ it. We consider an account to be dormant if one of the following conditions is met;
- It has not been accessed by you for more than 5 years (7 max),
- If you have not responded to any emails sent to the registered email address,
- If we receive delivery failure notifications in response to an email sent to the registered email address,
- The Account is in breach of our Data Protection Policy.
Reasons We Share Personal Data
We treat your personal information with care and confidentiality and do not share it with third parties other than for the reasons set out below;
- Members of our group, including other branches and departments within The Organisation.
- Business Interests, in the event that we sell your personal information to a third party as part of any sale of the assets or business of The Organisation.
- Legal and Law Enforcement, we will release your personal information where we are legally entitled to, obliged or required to do so by law (for example, if required to do so by a Court order or for the purposes of prevention of fraud or other crime). We may also exchange information with third parties for fraud protection and credit risk reduction.
- Service Providers, who are contracted to The Organisation, examples may include but are not limited to;
- Lettings – Tenant referencing agencies, other estate agents or landlords, contractors and property maintenance services, gas and electrical contractors, utility companies and insurance providers.
- Sales – Solicitors / Conveyancers, Surveyors, Financial / Mortgage Advisors, other estate agents in a chain, contractors and property maintenance services.
- Supporting Services – Professional Photography, Floorplan, EPC etc. Relating to the sale or let of your property.
- Software and system providers – CFP Software, Dropbox, Fixflo, iBackup, Microsoft Exchange, Microsoft Onedrive, Microsoft Sharepoint, PCA Predict, Reapit Software, Royal Mail, Sage, SMS Speedway.
- Website Hosts and Analytic platform providers – Google AdWords, Google Analytics Remarketing, Google Display Network, Starberry.
Our contractors are obliged to keep your details securely and use them only to fulfil the service they provide you on our behalf. Once your service need has been satisfied or the case has been closed, they will dispose of the details in line with GDPR Requirements. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do so.
- Third Parties. In addition, if you have agreed that we can, The Organisation may share the information you supply to us with selected third parties to enable them to provide you with services which may be of interest to you. These may include, but are not limited to, Solicitor and Financial Advisory services.
Overseas transfers of your personal information
We may transfer and process your personal information in locations outside the UK and the European Economic Area (EEA). Where the countries to which your personal information is transferred do not offer an equivalent level of protection for personal information to the laws of the UK, we will ensure that appropriate safeguards are put in place.
We’ll use one of these safeguards;
- Transfer it to a non-EEA country with privacy laws that give the same protection as the EEA.
- Put in place a contract with the recipient that means they must protect it to the same standards as the EEA
- Transfer it to organisations that are part of Privacy Shield. This is a framework that sets privacy standards to data sent between the US and EU countries. It makes sure those standards are similar to what is used within the EEA.
By submitting your personal data to us, you agree to this transfer, storing or processing.
How to Access & Control Your Personal Data
Right to Rectification
We aim to keep our information about you as accurate as possible. If you would like to review or change the details you have supplied us with, you may do so at any time by;
- Please contact the branch you have registered with in the first instance. They will update your records on our data management systems. Branch contact information can be found here.
- If you have registered for “Property Alerts” on our website, you may update your online account by logging into the members area; My Account.
Public forums and chat rooms
The Organisation’s web sites may make chat rooms, forums, message boards, and/or news groups available to its users. Any information that is disclosed in these areas becomes public information and you should always be careful when deciding to disclose your personal information. Please keep in mind that whenever you voluntarily disclose personal information online your information can be collected and used by others. Therefore, if you post personal information online that is accessible to the public, you may receive unsolicited messages in return. We cannot control the actions of any third parties.
Third Party Sites
Access Rights / Data Portability
You have a right to access the personal data that is held by The Organisation about you, and request that this is ported to another company. To process this request, The Organisation may require proof of identity. To obtain a copy of this information, or make a request, please contact the branch you have registered with, in the first instance. Branch contact information can be found here.
The Organisation may charge a fee if requests are manifestly unfounded or excessive.
Right to be Forgotten / Restrict Processing
You have a right to be forgotten or restrict processing, this means that all data that is held by The Organisation about you is erased. To process this request, The Organisation may require proof of identity. To request this please contact the branch you have registered with, in the first instance. Branch contact information can be found here.
Right to Object
You have a right to object to having your personal data used for direct marketing purposes. You can opt out of receiving marketing and promotional materials from The Organisation at any time by contacting the branch you have registered with, in the first instance. Branch contact information can be found here.
If you have another query relating to your information, please contact the branch you have registered with, in the first instance. Branch contact information can be found here.
Cookies & Similar Technologies
If you have consented, we may store some information (commonly known as a “cookie”) on your computer when you look at our website.
Cookies are small pieces of information sent by a web server to a web browser, which enables the server to collect information from the browser. You can find out more about the way cookies work at www.allaboutcookies.org
- facilitate your use of our sites;
- help us to provide you with the best level of service;
- monitor traffic.
You can erase or block cookies from your computer. To find out how to do this please see the “How to delete cookies” page on the www.allaboutcookies.org website or use your help screen or manual which should tell you how to do this. Please be aware that if you erase or block cookies or set your browser not to accept cookies, then the majority of the website will be inaccessible to you.
When you visit our website, we automatically log your IP address (the unique address which identifies your computer on the internet) which is recognised by our web server. We also automatically log the date and time of the page request, the type of website browser that you are using, the referring website (if any) and other parameters in the URL (e.g. search criteria).
We use this information to help us administer the site and to collect broad demographic information for aggregate use. We use this data to better understand website usage, so we know what areas of our website users prefer. This information is stored in log files and is used for aggregated and statistical reporting. This information is only used to assist us in providing an effective service on our sites and will not be attributed to you as an individual.
We may from time to time supply the owners or operators of third party sites from which it is possible to link to our sites with information relating to the number of users linking to our sites from their sites. You cannot be identified from this information.
Other Important Privacy Information
Feedback & Complaints in connection with GDPR (General Data Protection Regulation)
If you have any questions or concerns, please contact the branch you have registered with in the first instance, branch contact information can be found here.
In the unlikely event that we are unable to satisfy your concerns, you have the right to complain directly to the Information Commissioners Office. Concerns can be raised on their website (https://ico.org.uk/concerns/) or via telephone on (0303 123 1113).
We recognise industry standards and employ security safeguards to protect information from unauthorised access and misuse. More information relating to Data Security can be found within our Data Protection Policy, which can be viewed by clicking here.
Downloads and Media
Any downloadable documents, files, images, video files etc. on our Website or via email are provided to you at your own risk. We take all reasonable precautions to ensure that such files are free of viruses, but we recommend that you use anti-virus software as a precaution. We accept no responsibility for downloads and media provided by external third-party websites.