Property118 Ltd understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.property118.com
(“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
||means an account required to access and/or use certain areas and features of Our Site;
||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;
||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and
||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Information About Us
- Our Site is owned and operated by Property118 Ltd, a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Our VAT number is 990 0332 34.
- Our Data Protection Officer is Neil Patterson, and can be contacted by email at email@example.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- What Does This Policy Cover?
- Your Rights
- As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
- The right to be informed about Our collection and use of personal data;
- The right of access to the personal data We hold about you (see section 12);
- The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
- The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14);
- The right to restrict (i.e. prevent) the processing of your personal data;
- The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
- The right to object to Us using your personal data for particular purposes; and
- If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
- For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
- What Data Do We Collect?
- Date of birth;
- Address and post code;
- Business/company name and trading status;
- Number of properties owned;
- Accountants details;
- Contact information such as email addresses and telephone numbers;
- Proof of residence and ID;
- Financial information such as income and tax status;
- Landlords insurance renewal dates;
- Property Portfolio details such as value and mortgage outstanding;
- How Do We Use Your Data?
- All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
- Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
- Providing and managing your access to Our Site;
- Supplying our products and or services to you (please note that We require your personal data in order to enter into a contract with you);
- Personalising and tailoring our products and or services for you;
- Replying to emails from you;
- Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by the unsubscribe link at the bottom of all emails;
- Analysing your use of our site and gathering feedback to enable us to continually improve our site and your user experience;
- Provide information to our partner service and product suppliers at your request.
- With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and or telephone with information, news and offers on our products and or We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
- We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
- Member profile information is collected with your consent and can be amended or deleted at any time by you;
- Anti-Money Laundering information and tax consultancy records are to be kept as required by law for up to seven years.
- How and Where Do We Store Your Data?
- We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
- Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using our site and submitting information to Us. If we do store data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR
- Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
- Do We Share Your Data?
- We may share your data with other partner companies in for the purpose of supplying products or services you have requested.
- We may sometimes contract with third parties to supply products and services to you on Our behalf. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
- We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
- In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
- What Happens If Our Business Changes Hands?
- How Can You Control Your Data?
- In addition to your rights under the GDPR, set out in section 4, we aim to give you strong controls on Our use of your data for direct marketing purposes including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails.
- Your Right to Withhold Information
- You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
- How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at firstname.lastname@example.org, or using the contact details below in section 14.
- All Cookies used by and on Our Site are used in accordance with current Cookie Law.
- Before Cookies are placed on your computer or device, you will be shown a cookie prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
- Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 13.5. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 13.9, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
- The following first party Cookies may be placed on your computer or device:
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||Used only to collect performance data, with any identifiable data obfuscated
||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.
- Our Site uses analytics services provided by Google Analytics and Facebook. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products AND/OR services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
- The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
- The analytics service(s) used by Our Site use(s) the following Cookies:
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||Helps to understand how their visitors engage with our website
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- In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
- You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
- It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- Contacting Us
14:06 PM, 1st February 2012, About 11 years ago
At Landlord Referencing we totally agree Mark and also think that letting agents should be judged on how diligent they are at carrying out pre-tenancy protocol and awarded a star system, like hotels - so if you don't carry out any referencing you receive no stars...?
We also believe that referencing should be compulsory as well, by carrying out both types of references; lifestyle and credit.
Any letting agent who isn't carrying out a lifestyle reference is not doing the best for their landlord; how can they be?
Even today, an accreditation has joined us; which goes to show that even the council are concerned with problematic tenants.
14:08 PM, 1st February 2012, About 11 years ago
Frankly anything which goes to protect landlords is good in my view. If a simpler scheme is more likley to be implemented then lets go for a simpler scheme. I do feel strongly though that ANYONE whose business involves holding on to large sums of other people's money should be regulated in some way.
For example as a solicitor, even though my client account only has a small sum in it, I still have to get my accounts audited annually and my accountants have to do a report to the Solicitors Regulation Authority.
Mark Alexander - Founder of Property118
14:12 PM, 1st February 2012, About 11 years ago
I completely see where you are coming from Samii but the administration of a rating system creates an industry which in turn increases costs to agents which would unlimately be passed on to landlords and tenants. I much prefer a very simple linecing system. If an agent fails to do appropriate due diligence, including a lifestyle reference, there would be an opportunity for the landlord to claim against the agents PI insurance for any losses incurred as a result of the agents negligence. Everybody wins that way and best practice becomes the norm.
Mark Alexander - Founder of Property118
14:16 PM, 1st February 2012, About 11 years ago
I totally agree Tessa, anybody handling money should be bonded and anybody providing advice should have PI. As a practicing solicitor I suspect it's also compulsory for you to carry PI insurance and to pay into the solicitors compensation fund too? That's what makes you a professional. Isn't that the status all letting agents would like to have?
14:30 PM, 1st February 2012, About 11 years ago
Abolutely. I spend a small fortune every year on PI insurance, my practising certificate, accountancy fees, you name it!
16:30 PM, 1st February 2012, About 11 years ago
I come from a legal background - All lawyers need a practicing certificate - and incompetent or negligent ones are subject to a complaints procedure and can be struck off. Similarly, the law society sets out codes of practice which includes handling client money in separate accounts from office/overhead money.
Similarly, solicitors require PI insurance with an excess - and premiums do rocket if you have a claims past. This forces good practice and standards.We've got half a million pounds of landlord money coming into our coffers every month - So why on earth aren't letting agents subject to the same rules as for example solicitors?We could easily run off with 3 month rent and live life of luxury on a south american coast.Agents also deal with a variety of aspects of law, relating to contract, health and safety, gas/electric, Town & Country Planning etc etc! How can somebody operate a business without any accreditation to confirm competence?For me, there should be a minimum requirement for qualification, such as NFOPP technical award for Arla, ARLA, or NALS/Safe Agent or similar membership and PI insurance and membership of the Ombudsman scheme for lettings.All of this is already in place - because it is not mandatory, many agents don't join to save fees. The agents that go under and fleece landlords by and large fall into this category.If the agent was an Alra member, their Money Bonded Protection scheme would protect each landlord/tenant up to £25k per claim.
17:01 PM, 1st February 2012, About 11 years ago
Simple, effective, compulsory regulation can only be a good thing for the industry's reputation. Sadly, even if the government was willing to act, its track record on such things is poor, and any scheme it introduced would almost certainly be a half-baked fiasco and a complete waste of taxpayers' money. HIPS anyone?
I like your licencing idea though, Mark, and the idea of bad agents being priced out of the market by extortionate PI premiums. That's so simple it could actually work!
Mark Alexander - Founder of Property118
17:45 PM, 1st February 2012, About 11 years ago
To broaden this discussion here are some examples of where I think PI insurers could attract claims for the negligence where the actions or lack of action on the part of letting agents results in losses to landlords. Feel free to add to my list:-
1) Failing to complete adequate tenant referencing
2) Failing to advise landlords of statutory checks, e.g. Gas certificates, HMO licences etc.
3) Failing to advise landlords that they need adequate insurance for liability
4) Serving notices incorrectly
5) Illegal eviction
6) Failing to advise landlords on the benefits of obtaining and referencing guarantors
7) Failing to report complaints
8) Failing to recommend Rent Guarantee Insurance
9) Failing to advise landlords of the deposit protection schemes available to them
10) Failing to advise landlords to commission a detailed and independent inventory
11) Failing to provide tenants and third parties with deposit protection certificates
12) Advertising a property to let without an EPC
13) Failing to obtain proof of identity for tenants
14) Failing to advise landlords of rent arrears in a timely manner and what their options are, e.g serving notices, claiming on RGI etc.
15) Failing to advise landlords of their legal obligations regarding tenant harassment and 'peaceful enjoyment'
All of this is pretty obvious stuff to any good letting agents who will undoubtedly have a check list to ensure they do all of this anyway.
18:10 PM, 1st February 2012, About 11 years ago
All these are good ideas.
However where is the commercial imperative going to come from to force LA to adopt effective protection for their clients.
With IFA's it was the govt.
Clearly as they have indicated the govt is NOT intending to do this with LA.
How then to bash heads together to force LA to come up with relevant protections for their clients.
Somehow all relevant parties involved in the rental industry need to sit down and thrash out a strategy which protects LL and tenants from incompetent LA and from them being able to do a runner with all the deposit and rent monies
So that there will be financial redress in the event of absconding LA etc.
In the meantime I wil not use a LA for management; just tenant source.
Principally because I don't trust LA.
I cannot be the only LL that feels this way.
LA must surely appreciate that until there are relevant schemes in place to protect LL and tenants then they will be losing out on potential busines.
18:16 PM, 1st February 2012, About 11 years ago
Perhaps with your thorough knowledge of the issues concerning LA and LL and tenants etc; you could come up with an insurance bonding solution with appropriate terms and conditions which would give LL and tenants confidence in LA probity.