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- WHO WE ARE
- CONTACTING US
- HOW WE USE YOUR DATA
- THIRD PARTIES
- HOW LONG WILL WE KEEP PERSONAL INFORMATION FOR?
- WHERE DO WE STORE YOUR PERSONAL INFORMATION?
- YOUR RIGHTS
- YOUR DUTY TO INFORM US OF CHANGES
- COOKIES AND TRACKING
- THIRD PARTY ADVERTISING
- SPECIAL CATEGORY AND CRIMINAL OFFENCE DATA
- AGGREGATED DATA
- CHANGE OF PURPOSE
- CHANGES TO THIS POLICY
1.WHO WE ARE
There may be a delay in Us receiving and responding any postal enquiries and therefore email correspondence is recommended for a quicker response. If You would like to stop receiving direct marketing from Us, please contact Us via email at [email protected] or please write to ISO, Farrell Heyworth Holdings Ltd, 2nd Floor Office Suite, Church Street, Covell Cross, Lancaster, LA1 1EX and where possible include a copy of the communications You have received. If You have any questions about this Policy or Our use of Your Personal Information or would like to exercise any of Your data subject rights, please contact us via email at [email protected] or please write to ISO, Farrell Heyworth Holdings Ltd, 2nd Floor Office Suite, Church Street, Covell Cross, Lancaster, LA1 1EX and where possible include a copy of the communications You have received.
4.HOW WE USE YOUR DATA
In the course of providing Our Services and general course of business, Farrell Heyworth collect and process personal identifiable information which is either collected by us, given to us by you or is provided to us by a third party. This data is primarily used to assist us in achieving the purpose for which you provided it to us. Service where we collect and process such data include but are not limited to the selling, buying and renting of property and associated services of arranging a mortgage, providing legal services and/or lettings management services, as relevant and necessary to your needs. Any personal information that you provide to us will only be processed and/or shared in accordance with The Data Protection Act 2018 & The General Data Protection Regulations 2018 – collectively referred to here as DPA 2018. We will collect, store and process personal information under one of the following legal bases:
In circumstances where we have entered into a contract with a customer or client to provide any of our products and services offered across Farrell Heyworth from time to time or in conjunction with third party business partners. Examples of where a contract exists where it would be necessary to process personal information may include but would not necessarily be limited to the following:
- Marketing properties for sale or let and introducing buyers or tenants
- Marketing properties on the world wide web including various social media platforms
- Using your contact details to arrange viewings and negotiate offers
- Progressing sales and tenancies to a successful conclusion
- Referencing tenants and carrying out Right to Rent checks or any other statutory checks
- Progressing mortgage applications
- Letting Management including the use of the likes of commercial software such as FixFlo
- Processing of applications of selected insurance products with external providers
- Internal Accounting processes
- Software and third-party providers as necessary to support our business in providing its services to you
All laws relating to residential estate agency, including but not limited to the following acts and legislature:
- Estate Agents Act 1979
- Consumers, Estate Agents and Redress Act 2007
- DPA 2018
- Competition Act 1998
- Consumer Protection from Unfair Trading Regulations 2008
- Business Protection from Misleading Marketing Regulations 2008
- Consumer Rights Act 2015
- Energy Act 2011
- Money Laundering Regulations 2007
- Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017
- Bribery Act 2010
- Modern Slavery Act 2015.
In addition to our compliance with all laws relating to the services we provide we may also be obliged to process data following request from government departments or other agencies to assist in investigations which may include but are not limited to the following entities:
- HMRC or other Local Authorities
Any such requests will only ever be met where we can be sure they are legitimate and have relevant DPA 2018 exemptions.
Legitimate Business Interests
Information will only be processed or shared by Farrell Heyworth where it is in the legitimate interests of both the company and its customers or where consent has been obtained. We process or share information where it is for the benefit of you and Farrell Heyworth, we will not do so if it would be detrimental for you for us to do so. Example of where we may process your information where we have a legitimate business interest to do so include but are not limited to the following examples:
- If you require a mortgage, we may invite you to meet with one of our in-house mortgage advisors
- If you are aiming to buy a property to let, we may discuss our lettings management service with you
- If you are a landlord, we may send you details of any properties we think may interest you
- If we have arranged a mortgage for you previously, as part of our ongoing service to you we may contact you again in the future to discuss your mortgage options
- If you are buying or selling a property, we may contact you to discuss the provision of conveyancing services to assist you
- Providing seller's contact details to surveyors to arrange survey appointments
- Sharing information essential to the progression of the service we are providing to you
- Providing tenant's contact details to contractors to arrange repairs
- Providing tenant's contact details to external providers to carry out reference checks
The above list is not exhaustive but designed to provide an indication of example of a legitimate business interest. On each occasion we process your information we will make a judgement as to the basis we are processing the information to ensure we are compliant with any and all relevant data protection laws of the time.
Consent is where you have given us your permission to process or share information if a
specific way or reason and where we do not believe there is a lawful basis to process this
information without obtaining direct consent. Consent can be provided to us either verbally or in writing but we will record any consents where we feel it is required to process or share information.
Examples of how data may be used in the instance where you have provided consent
include but are not limited to the following:
- To contact you in order to carry out your instructions to us
- To provide you with information, products and services which you have requested
- To help you with information, products and services connected with and relevant to your
individual circumstances and relationship with us
- To provide customer support e.g., website live chat, etc
- To process payments and transactions
- To notify you about changes to our services
- Where you have provided consent, you may be contacted by carefully selected and
professional third parties in relation to a product or service which may be of interest to
Examples of data you may provide to us which we would process or share with your consent include but may not be limited to:
- Your name, address, email address, telephone numbers, date of birth
- We may also use external information which is already in the public domain
- Telephone conversations may be recorded for the purposes of monitoring and improving
our customer service standards
In the case of electronic communications, we may use the information provided by
customers or clients current or past who have provided consent by such methods as direct email marketing or postal marketing. We will include a method for opting out of of future mailing where appropriate. Should you wish to withdraw your consent at any time, please contact us using the details provided below.
5. THIRD PARTIES
We retain access to all Personal Information that We have collected from You or about You. As Data Controller, we may instruct third parties to act on our behalf as Data Processors. We will only share your data with such companies, strictly in accordance with a contractual arrangement between us and them to provide specific services on our behalf. Such contracts commit those third parties to ensuring the protection of your personal information and privacy. We may use your data for internal analysis to monitor and improve the services we provide. If We offer or supply a Service to You that is provided on Our behalf by a third party, We may have to pass Your Personal Information to them in order to deliver the service.
We may also have links to other third-party websites from Our Platforms. Clicking on those links or enabling those connections may allow third parties to collect or share Personal Information about You. We are not responsible for the content, security, privacy policies and practices of any other third-party websites, even if You access them using links from Our Platforms or if You can access Our Platforms or use Our Services from them. We recommend that You check the policy of each website that You visit and make sure that You are comfortable with the terms of such policies before You visit them or provide any Personal Information to them.
If Our business is sold or merged, or if We sell or buy any business or assets, We may disclose Your Personal Information to the prospective seller or buyer of such business or assets. We will make sure that any such transfer is done in a secure way.
We may also use third parties to provide Services on Our behalf which may include processing (but not using themselves) Your Personal Information; In either case, We will not pass Your Personal Information to anyone who is not also subject to adequate privacy commitments in Our contract with them.
We will never sell your data to any third party without consent.
6.HOW LONG WILL WE KEEP PERSONAL INFORMATION FOR?
We will retain Your Personal Information for as long as necessary to fulfil the purposes We
collected it for, including but not limited to the purposes of satisfying any legal, accounting, or reporting requirements or to provide information about products or services we feel may be relevant or appropriate to you. To determine the appropriate retention period for Personal Information, We consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of Your Personal Information, the purposes for which We process Your Personal Information and whether We can achieve those purposes through other means, and the applicable legal requirements. At the point we consider that we may no longer have a legitimate interest or valid consent to process personal information held by us we will securely erase or archive data which we will anonymise. To the extent that property data is also Personal Information, it is generally the case that it ceases to be Personal Information over time.
Personal Information that is provided when You interact with Us through publicly available social media platforms will only be retained on the social media platforms which You use to publicly interact with Us and this Personal Information will be retained for as long as You keep it on Your social media accounts
In some circumstances We may anonymise Your Personal Information (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.
7.WHERE DO WE STORE YOUR PERSONAL INFORMATION?
The Personal Information that We collect from You may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for Us or for one of Our suppliers or contractors. Territories outside of the EEA may not have equivalent legal protections to those that apply within the EEA, but We are under a duty to make sure that Our suppliers and contractors located outside of the EEA continue to take all steps reasonably necessary to ensure that Your Personal Information is treated securely and in accordance with this Policy. By submitting Your Personal Information to Us, You agree to this transfer, storing or processing.
Unfortunately, the transmission of Personal Information via the internet is not completely secure. Although We will do Our best to protect Your Personal Information, We cannot guarantee the security of Your Personal Information transmitted to Our Platforms; any transmission is at Your own risk. Once We have received Your Personal Information, We will use strict procedures and security features to try to prevent unauthorised access.
We follow strict security procedures to ensure that Your Personal Information is not damaged, destroyed or disclosed to a third party without Your permission and to prevent unauthorised access to it. The computers that store the Personal Information are kept in a secure facility with restricted physical access and We use secure firewalls and other measures to restrict electronic access. If We are working with third parties, We will require them to have in place similar measures to protect Your Personal Information.
Only employees who need access to Your Personal Information to perform a specific job are granted access to personally identifiable Personal Information. In addition, We limit access to Your Personal Information to those agents, contractors and other third parties who have a business need to know. They will only process Your Personal Information on Our instructions and they are subject to a duty of confidentiality.
We may require You to co-operate with Our security checks before We disclose Personal
Information to You. Where We have given You (or where You have chosen) a password which enables You to access certain parts of the Platforms, You are responsible for ensuring Your password is unique and for keeping this password confidential. We ask You not to share Your password with anyone.
We have procedures in place to deal with any suspected Personal Information breach and will notify You and any applicable regulator of a breach where We are legally required to do so. As with any company, we are unable to provide absolute guarantees due to the ever-increasing sophistication of criminal activity. However, we will do everything reasonably possible to ensure that your data is protected.
You have the right to ask Us not to process Your Personal Information at any time
You have the right to use Our Platforms without consenting to direct marketing and the communication services that We provide
- Request access to or rectification of the Personal Information which We hold about You;
- Request erasure of Your Personal Information in certain circumstances;
- Restrict the processing of Your Personal Information;
- Receive Your Personal Information that You have provided to Us;
- Object to or restrict Our processing of Your Personal Information in certain circumstances;
- Request that We transmit Your Personal Information to another data controller
Where We process Your Personal Information because You have given Us Your consent to do so, You have the right to withdraw Your consent at any time.
Where We process Your Personal Information under legitimate interests, if You object to
processing, this will not affect any processing which has already taken place. In some limited instances, objecting to processing of all Your Personal Information may mean You are not able to use some of Our Services or Platforms.
To exercise any of these rights, please contact [email protected] whose contact details are provided earlier in this Policy. We may need to request specific information from You to help Us confirm Your identity and ensure Your right to access Your Personal Information (or to exercise any of Your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact You to ask You for further information in relation to Your request to speed up Our response.
We try to respond to all legitimate requests within one month. Occasionally it may take Us longer than a month if Your request is particularly complex or You have made a number of requests. In this case, We will notify You and keep You updated.
You have the right to complain to the Information Commissioner’s Office if You feel unhappy with the way We process Your Personal Information. Please visit www.ico.org.uk for more information.
9.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.
10.COOKIES AND TRACKING
11.THIRD PARTY ADVERTISING
As well as providing the Services on Our Platforms, We also feature advertising from third
parties. We use a range of advertising partners and technologies to help deliver third party advertisements on Our Platforms which may be relevant to You.
12.SPECIAL CATEGORY DATA AND CRIMINAL OFFENCE DATA
For Our tenant referencing, insurance, tenant and financial Services, We do collect special
categories of Personal Information about You (this may include Your race or ethnicity,
information about Your health and any criminal convictions). We rely on explicit consent to collect and process this data, the only exception being for insurance products where We rely on ‘insurance’ as Our condition of processing. We only keep this information for as long as is necessary. We employ appropriate technical and organisational measures to ensure Your Personal Information is secure.
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 Information but is not considered Personal Information 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 feature on Our Platforms. However, if We combine or connect aggregated data with Your Personal Information so that it can directly or indirectly identify You, We treat the combined data as Personal Information which will be used in accordance with this Policy.
14.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. Please note that We may process Your Personal
Information without Your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
15.CHANGES TO THIS POLICY
We may change the terms of this Policy at any time. Any changes We may make to this Policy in the future will be posted on Our Platforms Please check back frequently to see any updates or changes to this Policy, as You will be deemed to accept such changes from Your continued use of Our Platforms.