PRIVACY POLICY
Contents
1 Introduction......................................................................................................................
2 The information we collect and how................................................................................
3 How we use your information..........................................................................................
4 Who we might share your information with....................................................................
5 How we keeping you updated on our products and services..........................................
6 Your rights over your information....................................................................................
7 How long we keep your information for..........................................................................
8 Giving your reviews and sharing your thoughts...............................................................
9 Security.............................................................................................................................
10 Glossary.............................................................................................................................
11 How to contact us.............................................................................................................
David Daniels & Co Limited is committed to protecting the privacy and security of your personal information. We take care to protect the privacy of our customers and users of our products that communicate (online or offline) with us, in office, over the phone, through our websites and social media platforms.
Throughout this document we refer to Data Protection Legislation which means the Data Protection Act 2018 which incorporates the General Data Protection Regulation (GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any legislation implemented in connection with the General Data Protection Regulation which is the governing legislation that regulates data protection across the EEA. This includes any replacement legislation coming into effect from time to time.
This privacy notice aims to give you information on how David Daniels collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service. This website is not intended for children and we do not knowingly collect data relating to children. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
David Daniels is the controller and responsible for your personal data, and this website. We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
We only collect information that we know we will genuinely use and in accordance with the Data Protection Legislation. The type of information that we will collect on you, and you voluntarily provide to us on this website/form/service includes:
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).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
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 (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
Direct interactions:
You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, telephone, email or otherwise. This includes personal data you provide when you:
· subscribe to our service
· create an account on our website
· request marketing to be sent to you;
· give us feedback
Automated interactions.
As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies. Please see our cookie policy for further details.
Third parties / publicly available sources:
We may receive personal data about you from various third parties and public sources as set out below :
· Technical Data from the following parties:
(a) Google based inside the EU who provide analytics;
(b) advertising portals such as Rightmove, Zoopla and onthemarket based inside the EU
(c) search information providers such as Google based inside the EU.
Contact And Financial Data:
When making an offer on a property you will be requested to provide information in order to qualify your offer i.e. proof of finance and deposit. When wishing to let a property we will need to carry out reference checks and you will be requested to provide financial information such as bank statements and payslips
Identity and Contact Data:
Rightmove, Zoopla, Onthemarket and other property portals based inside the EU.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
· To contact you, following your enquiry, reply to any questions, suggestions, issues or complaints you have contacted us about;
· Personalise your experience, for example we may provide you with details of products that match a product, which you may have purchased or enquired about previously;
· Provide property details that fit your search criteria
· To power our security measures and services so you can safely access our website and mobile apps;
· Help us understand more about you as a customer, the products and services you consume, so we can serve you better;
· Contact you about products and services from us;
· Provide you with online advertising and promotions; and
· Help answer your questions and solve any issues you have.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the lawful bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal basis we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose / Activity |
Type of Data |
Lawful Basis For Processing |
Tenant Registrations |
Identity Contact Requirements |
Consent Legitimate Interest |
Prospective Tenants / Guarantors. To proceed with tenancy |
Identity Contact Financial Work reference Payslips Credit checks Landlord reference Right to rent checks |
Contract Consent Legitimate Interest Legal Obligation |
Landlords To proceed with tenancy |
Identity Contact Financial Proof of address Proof of ownership |
Contract Legal obligation Legitimate Interest |
Prospective Landlord / Sellers. To carry out appraisal |
Identity Contact |
Legitimate Interest |
Buyer Registrations To provide details of properties matching their requirements |
Identity Contact Requirements |
Consent Legitimate Interest |
Buyers Additional information required when making an offer or purchasing a property |
Financial Photographic ID Proof of funds |
Legal obligation Contract Legitimate Interest |
Sellers To progress with an acceptable offer |
Identity Contact Proof of address Proof of ownership |
Legal obligation Contract Legitimate Interest |
Website Registrations from prospective tenants / purchasers |
Identity Contact Requirements |
Consent Legitimate Interest |
Manage our relationship Notify you of change to terms or privacy Policy or asking for a review etc. |
Identity Contact
|
Contract Legal Obligation Legitimate Interest |
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms]:
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
Third-party marketing
We do not share your data with any company.
Opting out
You can ask us to stop sending you marketing messages at any time by logging into our website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of any other transactions with us.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy
Change of purpose
We will only use your personal data 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
· Internal Third Parties as set out in the Glossary.
· External Third Parties as set out in the Glossary .
· Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We do not transfer your personal data outside of the European Economic Area (EEA).
We will send you relevant offers and news about our products and services in a number of ways including by email, but only if you have previously consented to receive these marketing communications. When you register with us we will ask if you would like to receive marketing communications, and you can change your marketing choices online, over the phone or in writing at any time.
If you wish to amend your marketing preferences, please contact us.
You have the right to access the personal information that we hold about you in many circumstances, by making a request. This is sometimes termed ‘Subject Access Request’. If we agree that we are obliged to provide personal information to you (or someone else on your behalf), we will provide it to you or them free of charge and aim to do so within 30 days from when your identity has been confirmed.
We would ask for proof of identity and sufficient information about your interactions with us that we can locate your personal information.
If you would like to exercise this right, please contact us as set out below.
If any of the personal information we hold about you is inaccurate or out of date, you may ask us to correct it.
If you would like to exercise this right, please contact us as set out below.
You have the right to object to us processing your personal information if we are not entitled to use it any more, to have your information deleted if we are keeping it too long or have its processing restricted in certain circumstances.
If you would like to exercise this right, please contact us as set out below.
The Information Commissioner's Office (ICO) regulates data protection and privacy matters in the UK. They make a lot of information accessible to consumers on their website and they ensure that the registered details of all data controllers such as ourselves are available publicly. You can access them here https://ico.org.uk/for-the-public.
You can make a complaint to the ICO at any time about the way we use your information. However, we hope that you would consider raising any issue or complaint you have with us first. Your satisfaction is extremely important to us, and we will always do our very best to solve any problems you may have.
We will only retain your personal data 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.
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.
When you register with us, we will ask for specific requirements. When supplying property details that fit your requirements to you by email you are asked if you are no longer looking or if your requirements have changed.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
When using our websites or social media accounts, you may be able to share information through social media networks like Facebook, Instagram and Twitter. For example, when you ‘like’, ‘share’ or review our Services. When doing this, your personal information may be visible to the providers of those social networks and/or their other users. Please remember it is your responsibility to set appropriate privacy settings on your social network accounts so you are comfortable with how your information is used and shared on them.
Data security is of great importance to David Daniels and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure your collected data.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Lawful Basis’s For Processing Data
Consent means the data subject has freely given, specific informed and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to them.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
THIRD PARTIES
External Third Parties
· Service providers acting as processors based in the UK and Europe who provide IT and system administration services.
· HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances
· Should you register with us your details will be entered into and saved onto our cloud based software “vebra alto”. Their privacy policy can be found here: www.altosoftware.co.uk/privacy-policy/
If you would like to exercise one of your rights as set out above, or you have a question or a complaint about this policy, the way your personal information is processed, please contact us by one of the following means:
By email: info@david-daniels.co.uk
By post: 49c Leytonstone Road, Stratford, London E15 1JA
Telephone: 020-8555-3521
Thank you for taking the time to read our Privacy Policy. Our previous policy can be found here.
David Daniels & Co Limited
This Policy was last updated on 7/5/2020.