1. INTRODUCTION & SCOPE
1.1. Penfolds Estate Agents Limited is committed to protecting the privacy and security of your personal information (collectively referred to as “the Company”, “we”, “us” or “our”).
1.2. This Privacy Notice (“Notice”) describes how we collect and use personal information about you during and after your relationship with us, in accordance with the General Data Protection Regulation (“GDPR”).
1.3. This Notice applies to all past, present and prospective clients of the Company (collectively referred to as “Clients”, “you” or “your”) as well as certain third parties such as your permitted agents or representatives and connected individuals. This Notice does not form part of any sales agreement or other contract to provide services you may have with the Company from time to time.
1.4. It is important that you read this Notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
1.5. We reserve the right to amend this Notice at any time without notice to you so, if required, please check to ensure that you are referring to the latest copy of this Notice. We may also notify you in other ways from time to time about the processing of your personal data.
2. DATA CONTROLLER
2.1. Penfolds Estate Agents Limited of Upfield’s Stores, School Road, Wisborough Green, Billingshurst, RH14 0DT is a “data controller” for the purposes of the GDPR. This means that we are responsible for deciding how we hold and use personal information about you.
2.2. We have appointed Becky Penfold of Upfield’s Stores, School Road, Wisborough Green, Billingshurst, RH14 0DT (Tel: 01403 289 414) to oversee compliance with this Notice (“the Data Privacy Manager”). If you have any questions about this Notice or how we handle your personal information, please contact the Data Privacy Manager at the above address, or alternatively, by email at email@example.com.
2.3. You have the right to make a complaint at any time to the ICO (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
3. DATA PROTECTION PRINCIPLES
3.1. We will comply with data protection law. This says that the personal information we hold about you must be:
3.1.1. Used lawfully, fairly and in a transparent way.
3.1.2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3.1.3. Relevant to the purposes we have told you about and limited only to those purposes.
3.1.4. Accurate and kept up to date.
3.1.5. Kept only as long as necessary for the purposes we have told you about.
3.1.6. Kept securely.
4. THE KIND OF INFORMATION WE HOLD ABOUT YOU
4.1. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). There are also “special categories” of more sensitive personal data which require a higher level of protection.
4.2. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
4.2.1. Identity Data includes first name, maiden name, last name, marital status, title, date of birth, gender, occupation, proof of residency, and copies of driving licences/passports;
4.2.2. Contact Data includes home address, billing address, office address, email address and telephone numbers;
4.2.3. Financial Data includes bank account and payment card details;
4.2.4. Transaction Data includes details of your agreements with us, the services requested and details about payments to and from you;
4.2.5. Property Data includes details of any property we are marketing for you such as general property information and photographs;
4.2.6. Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website and any other information obtained through electronic means;
4.2.7. Usage Data includes information about how you use our website, products and services; and
4.2.8. Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
4.3. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Notice.
4.4. We do not envisage that we will collect, store or use any “special categories” of more sensitive personal information, however we will notify you in writing if this changes.
5. HOW IS YOUR PERSONAL INFORMATION COLLECTED?
5.1. We will collect personal information about you and any relevant third parties during the enquiry and sales/lettings process, either directly from you or sometimes from your permitted agents and representatives. We may also collect additional information about you from third parties including consultants, family members, connected individuals and other agents.
5.3. Additional personal information may be collected during the course of your relationship with us and any subsequent instructions we may receive.
6. HOW WILL WE USE INFORMATION ABOUT YOU?
6.1. We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
6.1.1. Where we need to perform the contract we have entered into with you (or in order to enter into such a contract).
6.1.2. Where we need to comply with a legal obligation.
6.1.3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
6.2. We may also use your personal information in the following situations, which are likely to be rare:
6.2.1. Where we need to protect your interests (or someone else’s interests).
6.2.2. Where it is needed for official purposes.
6.3. Generally, we do not rely on consent as a legal basis for processing your personal data and we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. If it becomes necessary to obtain your consent, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of any contract with us that you agree to any request for consent from us and you will be able to withdraw your consent at any time (see below).
7. SITUATIONS IN WHICH WE WILL USE YOUR PERSONAL INFORMATION
7.1. We need all the categories of information in the list above primarily to allow us to perform our agreement with you and to enable us to comply with our legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests.
7.2. The situations in which we will most commonly process your personal information are listed below:
7.2.1. discharging the services agreed and fulfilling your requests (including, but not limited to, the sale purchase or letting of property as your agent);
7.2.2. managing the payment of fees and charges (which may include the use of third party service providers);
7.2.3. confirming and verifying your identity for security and compliance purposes;
7.2.4. carrying out credit scoring, assessment and credit control;
7.2.5. responding to, or following up on, your comments and questions, and otherwise providing customer service;
7.2.6. contacting you from time to time with information about our services and with information on properties that are relevant to your interests and previous enquiries;
7.2.7. recording telephone calls to monitor service, training and to assist with complaint handling;
7.2.8. any other purpose connected with our contract with you and notified to you in advance or as otherwise agreed with you from time to time.
7.2.9. complying with health and safety obligations;
7.2.10. updating and enhancing client records;
7.2.11. analysis for management purposes and the improvement of our services;
7.2.12. administering and protecting our business and website including auditing;
7.2.13. asking you to leave a review or take a survey;
7.2.14. using data analytics to improve our website, products, services, marketing, customer relationships and experiences;
7.2.15. crime prevention; and/or
7.2.16. legal and regulatory compliance.
7.3. Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
8. IF YOU FAIL TO PROVIDE PERSONAL INFORMATION
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a contract you have with us but we will notify you if this is the case at the time.
9. CHANGE OF PURPOSE
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
10. AUTOMATED DECISION MAKING
Automated decision making takes place when an electronic system uses personal information to make a decision without human intervention. We do not envisage any decisions will be taken about you by automated means, however we will notify you in writing if this position changes.
11. DATA SHARING
11.1. We may have to share your data with third parties. We will only share your personal data with third parties where required by law, where it is necessary to administer the contract you have with us or where we have another legitimate interest in doing so.
11.2. “Third parties” includes third-party service providers such as our suppliers, designated agents, accountants, bookkeepers, insurance brokers and/or IT consultants. We may also need to share your personal information with a regulator or to otherwise comply with the law.
11.3. In particular, the following third party service providers may process personal information about you for the following purposes:
11.3.1. Vendors/Purchasers – to facilitate the sale purchase or lease of property in which you have an interest;
11.3.2. Solicitors – to provide conveyancing services in relation to any property in which you have an interest; and
11.3.3. Banks, Building Societies and Mortgage Brokers – to assist, where applicable, with the mortgage application process for the purchase of property in which you have an interest.
11.4. Such third parties in the United Kingdom and the EU are subject to the provisions of the GDPR or similar regulations in relation to your personal data. 5
11.5. Our third-party service providers are required to take appropriate security measures to protect your personal information and we do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
11.6. We do not envisage we will need to transfer your personal information outside the EU. If we do, we will only do this with your explicit consent or in connection with your contract with us, and you can expect a similar degree of protection in respect of your personal information.
12. DATA SECURITY
12.1. The GDPR requires us to put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. We ensure that reasonable security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.
12.2. We have also put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
12.3. If you have any questions about our current organisational and technical security procedures, please contact the Data Privacy Manager.
13. DATA RETENTION
How long will you use my information for?
13.1. We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
13.2. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
13.3. By law we have to keep basic information about our clients (including Contact, Identity and Transaction Data) for seven years after they cease being clients for compliance purposes. We may however retain your personal data for longer than this period where it is necessary or relevant to the purposes for which we process your personal data. If you have any queries about our retention polices, please contact the Data Privacy Manager.
13.4. In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
14. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
15. YOUR RIGHTS IN CONNECTION WITH PERSONAL INFORMATION
15.1. Under certain circumstances, by law you have the right to:
15.1.1. Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
15.1.2. Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
15.1.3. Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
15.1.4. Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
15.1.5. Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
15.1.6. Request the transfer of your personal information to another party.
15.2. If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the Data Privacy Manager in writing.
16. NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
17. WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
18. RIGHT TO WITHDRAW CONSENT
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Data Privacy Manager. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT THE DATA PRIVACY MANAGER.