Blackwater Estates Privacy Notice
In order to comply with the General Data Protection Regulations (GDPR) which come into force on 25th May 2018, we are under an obligation to inform all our clients, purchasers, tenants and contacts that we collate & hold electronic and paper data on, how we collate, hold and use this. This allows you greater choice and control over how your personal data is used. As a data controller (an organisation that is in control of processing data provided by you to us) in order to be transparent and fair we need to ensure that you understand and agree to the purpose or purposes for which your information is used by us, how it will be processed and with whom we might share this information.
We need to ensure:
· That you ‘opt in’ to allowing us to collate, store and use your data in order for us to provide you with one or more of our services.
· We use this information in a way that you would reasonably expect us to.
· We consider the impact of using the data we hold on you and whether it could have any adverse effects on you.
· That we are being transparent in ensuring that you understand how your information will be used by us and those that we pass data onto.
This Privacy Notice has been produced in physical written and digital format and will be available to you at the time you provide us with your data. It is also downloadable from our website at www.blackwaterestates.co.uk
Who are we?
Blackwater Estates are residential sales and lettings agents based in West Mersea, Essex.
What information is being collected?
In order for us to provide a professional service to our clients, applicants and tenants, we collect the following type of electronic and paper information.
· Contact details: name; home address; email address; mobile and land line telephone numbers.
· Property Requirements: accommodation needed; price range; areas of interest and any specific requirements.
· Financial status: deposit information, your ability to buy or rent, mortgage information, related sale information. We will require proof of this at the time of an offer, sale or rental.
· Identification: In accordance with the Proceeds of crime Act 2002, the Terrorism Act 2000, the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and the Criminal Finances Act 2017 we have a legal requirement to identify all clients, tenants and purchasers. Consequently, we require you to provide uswith two forms of formal identification – proof of name & proof of address.
How is it collected?
We collect information in a number of different ways including:
· In person
· From our website
· Third party property portals such as Rightmove.
Who is collecting it?
· The Directors and staff of Blackwater Estates
Why is it being collected?
· To assist you with your property sale or rental
· To assist you in purchasing a home
· To assist you in renting a home
How will it be used?
The information is collected by us and stored on our hard drive and in paper format within our premises.
We will be sharing some or all of your data, with your consent with the following third parties where relevant.
· Our Internet Service Provider (ISP)
Our Internet service provider (ISP) providing internet/web marketing for the sale and rental of property (property images, location and descriptions only). This ISP feeds Blackwater Estate’s own website and in addition third party portals including Rightmove with marketing material. We also provide limited data to social media companies such as Facebook to promote properties we are selling or renting.
· Cloud Based Servers
We use third party cloud based servers and database providers to store our data. All of your information provided to us will be stored on their secure servers for as long as needed under this legislation. They also feed Blackwater Estate’s own website and in addition third party portals including Rightmove with marketing material.
· Referencing Companies
We will collect and provide your personal and sensitive data to third party referencing companies if you have agreed to rent a specific property through us as necessary for a credit check, in order to provide a referencing service for our Landlords. This information once completed will be passed to us and to our Landlords in order to establish your suitability for the tenancy.
· Energy Performance Certificates (EPCs)
To comply with current legislation, every property that comes to the market for sale or rental requires an EPC. Blackwater Estates have a number of associated companies that we can recommend to provide this service and with your consent, we will pass your details across to them and they will contact you.
Blackwater Estates have a number of associated companies that we can recommend to provide this service and with your consent, we will pass your details across to them, in order for them to contact you and arrange to inspect and measure your property.
· Mortgage brokers
With your consent we may provide your contact details to third party mortgage brokers, in order for them to contact you and assist you with securing a mortgage.
With your consent we may provide your contact details to third party solicitors, in order for them to contact you and assist you with the conveyancing process.
· Surveyors & Valuers
With your consent we may provide your contact details to third party surveyors or valuers, in order for them to contact you and assist you with organising a survey or valuation as needed.
Your rights as an individual under the Act
· You have the right to be informed
· You have the right to access your data held by us (Article 15)
· You have the right to rectification (Article 16)
· You have the right of erasure (Article 17)
· You have the right to restrict how we process your data (Article 18)
· You have the right of data portability (Article 20)
· You have the right to object (Article 21)
· You have the right not to be subject to automated decision-making including profiling (Article 22)
· Further details of your rights can be obtained by visiting the Information Commissioners Office (ICO) website at www.ico.org.uk
A cookie is a piece of information stored on your computer’s hard drive that records how you have used a website. The next time you visit that website, it can tailor your options based on the information it has stored about your last visit.
Our Promises to you
· We will not collate or share your data without your agreement.
· We will only use your data to enable us to properly provide a service to you and to perform our duties and obligations as a professional Estate Agent. We will therefore not seek your explicit consent to process this information, as it is required by us to provide the product or service you have requested and is legitimised by its criticality to the service provision. If you object to use of this information then we will be unable to offer you that service.
· We will only collate and use your data in a lawful basis in accordance with at least one of the following:
· With the consent of the data subject
· For what is necessary for the performance of a contract
· For what is necessary for compliance with a legal duty
· For what is necessary to protect the vital interests of the data subject
· For what is necessary for the performance of a public interest by the data controller
· What is necessary for the controller’s legitimate interests
· We will not share your data with any unrelated third parties.
· We will only collate personal data that is adequate, relevant and not excessive in relation to the processing in question.
· We will not keep or use personal data longer than necessary for the proper performance of our duties as a professional Estate Agent.
· Appropriate technical and organisational measures are undertaken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of or damage to personal data.
· We will seek your verbal or written approval to collate and use your data as described. If you wish to inform us of changes in consent for marketing please contact us at the address or telephone number indicated in any recent correspondence or emails you have received from us.
· We will delete your data when requested to do so, save that we do not need to retain it (or part of it) for the proper performance of our duties and obligations as a professional Estate Agent. We will not keep your personal information longer than is necessary for the purpose for which it was provided unless we are required by law or have other legitimate reasons to keep it for longer (for example if necessary for any legal proceedings).
· In the very unlikely event of a data security breach, we will report this to the ICO without delay.
We aim to be as transparent as possible in complying with the new regulations (GDPR) by providing you with as much information, as we can with regard to collecting, holding and sharing your data and your rights under the legislation.
If you wish to discuss any aspect of this notice, are unsure of how we will use your data, have any specific requests as to how we use your data, or wish us to delete or remove your data, then please contact: Blackwater Estates, 8 Kingsway, 34a Barfield Road, West Mersea, CO5 8QT or firstname.lastname@example.org or 01206 382191.