In order to provide you with estate agent services, we will collect and hold personal data about and on you. We are also required to comply with the General Data Protection Regulation (Regulation (EU) 2016/679 (the GDPR)) and as such hereby set out details as to how we process your data and your rights.
Why we need your data
We need your data in order for us to:
Provide estate agency services to you in accordance with this agreement which may include but is not limited to, providing you a property or a tenant/purchaser.
To comply with our regulatory obligations
Respond to any legitimate legal requests for information about you to the regulatory authority.
Carry out our legitimate business and professional management responsibilities
General information about your data and your rights
Where we collect date directly from you we will undertake:
In addition to those third party companies to inform you in writing of the name and contact details of that data controller for that data and their representative
For example where we arrange a letting/sale on your behalf
To inform you, where appropriate of the contact details for any data protection officer
To inform you and make clear the purposes for which the data is to be processed and the legal Basis for processing. In the event that the legal basis to be relied on is that of the legitimate interests of the data controller or any third party. We will inform you as to the nature of those legitimate interests.
To inform you of the recipients or categories of recipients of data
In the event that the data controller proposes to transfer data to another country not protected by GDPR to provide you with details of the safeguards surrounding such transfers and how to obtain a copy of them
To inform you of the period for which we propose to hold the data or where this is not possible, the criteria which we will apply to data retention
To remind you of your rights whereby you may
Request access to data of which you are the data subject
Object to or withdraw consent for the processing of the same
Obtain rectification of inaccurate data
Prevent data processing for the purposes of direct marketing
Object top decisions being taken by automated means and to have logic behind those decision clearly explained
Claim compensation for damages caused a breach of the act
Request data erasure
Where you exercise your right to request (via e mail or post) access to data of which you are the dat subject, we will undertake to respond to you within 30 calendar days of receipt of your request. There will be charge for this service unless the request is manifestly unfounded or excessive in which case we reserve the right to charge a fee or to not respond
You may at any time by giving notice to us in writing, request that we cease to process your data
We will undertake to comply with any such request as soon as is reasonable practicable.
Where the legal basis for the processing of your data is to adhere to compliance with a statutory or contractual obligation , or the necessary pre condition to entering into a contract , including compliance with the requirements of any regulator, we will inform you as to
Whether you are legally required to provide such data
The consequences of failing to provide such data
Where we obtain your data otherwise than directly form you will have the same or equivalent rights as to those set out above
In the circumstances as detailed below we will inform you which source the data originated form and whether it came from publically accessible sources. The information to be provided will be in accordance with the following time periods, whichever shall occur first;
As soon as practicable after obtaining the data and in any event within 1 month
At the time of our fist communication with you using the data
When the data is first disclosed to another person
We will not be obliged to provide you with the information
Where you already have this information
Where we are subject to an obligation of professional secrecy prohibiting the disclosure of the information
Where the disclosure would render impossible or severely impair the achievement of the reasons for which the data is to be processed. In such cases we will do what we can to protect your rights and freedoms with respect to our processing of the data
You have the right to complain in regards to any aspect of the processing of your data and nay breach of the above rights to the relevant supervisory authority who in the case of the United Kingdom is the information commissioner’s office whom may be contacted on
Phone – 0303 123 1113
Holding your Data
We undertake to review the data we hold on you on a regular basis to ensure compliance with data protection law. In the course of any review we will:
Delete any data which is trivial or transitory in nature or which in our opinion is no longer required for the purposes set out above
Update the data to ensure that nay errors or inaccuracies are corrected
Archive data as detailed below
Subject to the data retention periods as detailed below securely delete the data when it is identified that we no longer need to hold it
We may retain and process your data for the following periods In the event that more than one period applies to the same data, we will retain the data to the last period to expire
We will hold any agreements between you and us for a period of 6 years form the termination or expiry of the agreement unless we have been notified of any claim or circumstance which might give rise to a claim under or by reference to such agreements
We will process data relating sale /letting we have provided you. We will process such data throughout the notice period you are and remain a client of the firm and for a period of not less than 6 years following our ceasing to provide you with a service.
We will hold data as required by any regulator until the end of any limitation period imposed by that regulator.
We will hold data as required by any relevant third party until the end of any limitation period imposed by that relevant third party, which in the case of HMRC shall be 7 years, unless we are notified that any period is considered “open” by HMRC in which case it will be until we are notified the period is closed.
We will hold data as required for the purposes of any legal proceedings for a period of 6 years following the conclusion of any such proceedings unless a longer period is required pursuant to any court rule or enactment. Proceedings will be taken to have concluded on the expiry or any period given for appealing any final judgment or on the date of concluding any settlement staying all relevant claims if the proceedings were settled before judgement
Save for the above we will hold data for a maximum of 50 years from the date we receive the data.
We will regularly review data and where in our opinion such data has ceased to be active we will archive it and process it only as archived data.
Any data which is deemed Archived data will be processed in limited circumstances.
All storage of data whether active or archived data will be in accordance with good industry practice and will be undertaken in accordance with organisational systems and procedures which will be regularly reviewed to maintain the security of data
On the termination or expiry of any agreement to provide services to you and on your written request we will subject to our right to retain copies of data for the purposes set out above, agree to return any data you have provided top us in a structured commonly used machine readable format or transfer the same to a new data controller nominated by you
Whom we may share your data with
In order to carry out our legitimate business and provide you with our services we have entered into agreements with and will share your information with several companies for the purpose of compliance IT systems data management and control and auditing Full details of the company’s addressees (all UK based) and contact details are available on request
If any provision, or part thereof, of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force
In the event of any change in Data protection Law occurring after the date of this agreement which requires the adoption of revised provisions dealing with data retention or portability the parties will use all reasonable endeavours to agree such consequential changes to this agreement as may reasonably be required to comply with the requirements of data protection law (“complaint Terms”) and incorporate the same as an amendment to this agreement.