1.1 We are committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information.
2.1 This document was created and added to using a template from SEQ Legal (https://seqlegal.com)
3. How we use your personal data
3.1 In this Section 3 we have set out:
(a) the general categories of personal data that we may process; and
(b) the purposes for which we may process personal data; and
(c) any Special Categories of personal data which we hold; and
(d) the legal bases of the processing.
(a) the general categories of personal data that we may process:
We may collect personal information from you in connection with your use of our website, including such personal information as:
- your name, email address, telephone number and property address when you register or use an online form or submit an enquiry;
- cookie data which relates to your use of our website;
- data sent from your browser to our server which may include:
- the time, date and duration of your visit to our website;
- the site from which you have come (the referral URL);
- the pages visited on our website; and
- your IP address.
We may also collect information from you in connection with a service or product provided to you by us, including personal information such as:
- your name, postal address, phone number, email address and details of your requirements where you engage us to provide our services on your behalf either in our office, at your property, by telephone or by email;
- where appropriate your marital status, date of birth, nationality and tax status when you enter into a residential lettings agreement with us;
- financial or other identifiers including your bank account details, salary and income/expenditure details, set up a standing order, or take payment for the services which we provide to you;
- your date of birth, nationality and other details from identity documents which you provide to us where we are required by law to carry out client anti-money laundering checks and right to rent checks and the results of those checks;
- evidence that you have the right to let a property where you are a landlord and instruct us to assist you with letting a property;
- details of any mortgage, insurance, lease, licensing documentation and service contracts which you have in place in relation to a property you wish to let where you are a landlord and we are providing you with letting services;
- details relating to your property including photographs, floor plans, energy performance certificate ratings, property description, safety certificates and survey results when you engage us to market a property for you;
- photographs of your property when we market your property to let or for sale, prepare an inspection report on the condition of your property, or when we prepare an inventory to record the condition of your property at the start or end of a tenancy;
- your contact details, move in and move out date, utility meter serial number and meter readings where you are a landlord or tenant, prior to a tenant moving in to a property and when the tenant moves out;
- your move in and move out date and details of the deposit you have paid where you are a tenant when registering or releasing any deposit from a deposit protection scheme;
- your client reference number and the balance of any debt which you owe if we are required to take steps to collect a debt or take possession of a property;
- references relating to you, or information required to prepare a reference for you where you are a tenant; and
- your titles, names, contact details, preferences for delivery methods, sex, civil/marital status, date of birth, nationality, national insurance number, occupation, employment and remuneration information (including salary/bonus schemes/overtime/sick pay/ other benefits) and employment history, residential status, current property landlord or agent’s details, bank account details, tax information, credit commitments, personal credit history, sources of income and expenditure, family circumstances and details of dependents, details of any pets, confirmation of whether or not you smoke when carrying out referencing and credit checks and the results of those checks as part of a tenancy application.
(b) the purposes for which we may process personal data
We hold your information for the following purposes:
- to contact you with general property, tenancy or property market related information
- to contact you regarding potential buy-to-let property opportunities
- to contact you regarding property maintenance
- to protect a tenant’s deposit by registering it with a deposit protection scheme;
- to take payment from you for the services which we provide;
- to arrange and carry out viewings;
- to process the receipt and payment of rent, maintenance and fees for you if a property is being let;
- to arrange an energy performance certificate or survey report inspection for you;
- to arrange a tenancy agreement, Inventory or report on the condition of a property if it is being let;
- to ensure that utilities are in place and that utility companies and local authorities are able to contact you for billing purposes when you move in to a property;
- to assist with media and insurance for when you move into a property;
- to carry out tenant referencing and credit checks to assess if you are creditworthy before you move in to a property. To carry out such checks, your personal information may be shared with credit referencing and tenant referencing companies
- for onward referencing for a tenants future property
- for legal or regulatory obligations like right to rent checks
3.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use]. The source of the usage data is [our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is consent OR our legitimate interests, namely monitoring and improving our website and services.
3.3 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3.4 Please do not supply any other person's personal data to us, unless we prompt you to do so.
(c) any Special Categories of personal data which we hold
- Personal Data relating to criminal convictions and offences
(d) the legal bases of the processing
Wherever we collect or use your personal information, we will make sure we do this for a valid legal reason. This will be for at least one of the following purposes:
- because it is necessary to fulfil the terms of our contract with you - if you have entered into a contract with us for example to rent/let a property;
- because it is necessary to support the legitimate interests of our business and providing services - in all such cases, we will look after your information at all times in a way that is proportionate and respects your privacy rights and you have a right to object to processing as explained in the section below;
- to meet responsibilities we have to our regulators, tax officials, law enforcement, or otherwise meet our legal responsibilities
- where we have obtained a clear consent from you - we will always make it clear when we need your consent and how you can change your permissions at any time thereafter.
If you would like to know more about the legal reasons or legitimate interests that apply to a particular way in which we use personal information you can contact us at any time.
4. Providing your personal data to others
4.1 We may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4.2 If you proceed with applying to rent or actually rent/let a property let through us, your personal details may be passed to the following:
-Keystone Property Reports Limited (KPR) (www.key-stone.co.uk) (property management software)
-Vouch Online Limited (www.vouch.co.uk) (for tenant referencing)
-Property Lab Limited (www.propertylab.net) (website and online tenancy application host)
-Inchorra Ruby Sales Limited, trading as Tenant Shop (tenantshop.uk) (for utility transfer notifications, media and insurance relating to the property)
-LawDeck Limited, trading as HomeShift (www.homeshift.com) (for utility transfer notifications, media and insurance relating to the property)
-Websky Limited, trading as Expert Agent (www.expertagent.co.uk/privacy-cookies/) (our CRM system)
-TDS The Dispute Service Limited (www.tenancydepositscheme.com) (tenancy deposit scheme)
-Worldpay Limited (www.worldpay.com) (card payment merchant provider, if you pay us by bank card)
-Whatsapp Business App (www.whatsapp.com/business/) (communication method)
-SBK Services Limited (https://ico.org.uk/ESDWebPages/Entry/ZA173101) (our bookkeeper)
-PayProp Limited (https://uk.payprop.com/privacy) (client accounting software provider)
-Utility companies and local authorities
-Tradespeople / contractors we and/or the Landlord work with for property maintenance purposes
5. International transfers of your personal data
5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
5.2 The hosting facilities for our website and our emails are situated in the UK. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries.
5.3 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world including outside the EEA. We cannot prevent the use (or misuse) of such personal data by others.
6. Source of information
6.1 The majority of the personal information which we collect will have been voluntarily provided by you, however we may also obtain your personal data from other sources, including:
-online property portals such as Rightmove.co.uk, Zoopla.co.uk, OnTheMarket.co.uk;
-social medial networks such as Facebook, Twitter, LinkedIn
7. Retaining and deleting personal data
7.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
7.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
7.3 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
8.1 We may update this policy from time to time by publishing a new version on our website.
8.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
8.3 We may notify you of changes to this policy [by email or through the private messaging system on our website].
9. Your rights
9.1 In this Section 9, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
9.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
9.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
9.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
9.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: [the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed]. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: [for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims].
9.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
9.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
9.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
9.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
9.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
9.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
9.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
9.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8.
10. About cookies
10.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
10.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
10.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
11. Cookies that we use + Cookie Control
12. Cookies used by our service providers
13. Managing cookies
13.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://www.apple.com/legal/privacy/en-ww/cookies/ (Safari); and
13.2 Blocking all cookies will have a negative impact upon the usability of many websites.
13.3 If you block cookies, you will not be able to use all the features on our website.
14. Third Party Websites
14.1 Our website may contain links to other websites. We accept no responsibility or liability for the content of other websites which are not under our strict control, in particular, we are not responsible for the protection and privacy of any information which you provide whilst visiting other websites and such sites are not governed by our Privacy Notice.
15. Our details
15.1 We are Kingswood Residential Investment Management Limited. Registered company in England, number 10632902. Registered address 4 Cross Street, Beeston, Nottingham, NG9 2NX, U.K.
15.2 Our contact details are published at the bottom of this website as well as on our “Contact Us” page.
15.3 Our principal place of business is 34 Regent Street, Nottingham, NG1 5BT, U.K.
15.4 Our Data Protection Officer is Mr Adam Kingswood
15.5 You can contact us:
(a) by post, to the postal address on this page - or on our “Contact Us” page.
(b) Using our website contact form
(c) By telephone, on the contact number published on our website or
(d) by email, using the email address published on our website.
16.1 You have the right to make a compliant to the UK's data protection regulator, the ICO - www.ico.org.uk