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 firstname.lastname@example.org.
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.