Privacy Policy
BACKGROUND:
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.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site
. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
| “Account” |
means an account required to access and/or use certain areas and features of Our Site; |
| “Cookie” |
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; |
| “Cookie Law” |
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; |
| “personal data” |
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 |
| “We/Us/Our” |
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 npatterson@property118.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?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
- 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?
Depending upon your use of Our Site, We may collect some or all of the following personal data (please also see section 13 on Our use of Cookies and similar technologies):
- Name;
- 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?
- We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
- 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.
- You may restrict Our use of Cookies. For more information, see section 13.
- 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 info@property118.com, or using the contact details below in section 14.
- Our Use of Cookies
- Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products AND/OR We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
- 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:
| Name of Cookie |
Purpose |
Strictly Necessary |
| JSESSIONID |
Used only to collect performance data, with any identifiable data obfuscated |
No |
| __cfduid |
This cookie is strictly necessary for Cloudflare's security features and cannot be turned off. |
Yes |
- 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:
| Name of Cookie |
First / Third Party |
Provider |
Purpose |
| __utma, __utmb, __utmc, __utmt, __utmz |
First |
Google |
Helps to understand how their visitors engage with our website |
| _fbp |
First |
Facebook |
Helps to understand how their visitors engage with our website |
- 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
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at info@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).
- Changes to Our Privacy Policy
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
Mike
10:45 AM, 15th May 2018, About 6 years ago
Reply to the comment left by Mick Roberts at 15/05/2018 - 06:28This Article from ICO website tells us that we can tame our own Privacy Policy to suit our type of business, blend it with different choices to form a best suited privacy statement or policy.
There isn't a single comprehensive policy that can cover everyone's needs and requirements as we are all different and operate in a different way and circumstances, e.g. not all landlords are Licensed, and most operate on one to one bases with their tenants, so they don't normally have to share sensitive data with anyone unless problems arises with tenants when their behaviour changes, they stop complying with the terms of your Tenancy agreement, stop paying you rent, so now you will of course have to exchange their details with lawyers and solicitors and so on.
The document clearly says that you need to use a very plain simple to understand language, and keeping it as short as possible as no one has the time to read lengthy policy terms.
even if you just make a start and and show that you made an effort and you are still compiling the best solution for your own privacy document, no one is going to hang you, I mean how the hell can they fine any individual landlord £20,000,000.00, and of course to even suggest that they can impose such fines, then for a start they must be down right stupid and crazy! I will have to sell my arse for the next 50 years to pay a fine of £20,000,000.00, the world we live in is getting stupid day by day, common sense is evaporating so fast.
Mike
10:57 AM, 15th May 2018, About 6 years ago
Sorry I forgot to put ther link to the guide how to start forming your own Policy document:
Reply to the comment left by Mike at 15/05/2018 - 10:45https://ico.org.uk/for-organisations/guide-to-data-protection/privacy-notices-transparency-and-control/
Robert M
10:58 AM, 15th May 2018, About 6 years ago
Reply to the comment left by Mike at 15/05/2018 - 10:45
Well said Mike!
I agree, the policy documents etc need to be tailored to suit your own individual landlording situation, so any template can only be a sample, something that will need to be amended to suit your own business, but even the one property one tenant scenario has many possible interactions of personal data.
I agree, the whole GDPR requirements are stupid and crazy when applied to smaller businesses (landlords or otherwise), but we are being required to comply with them. It is indeed a crazy world.
Chris Amis
11:13 AM, 15th May 2018, About 6 years ago
All you can do is CYA and hope for the best.
For me
- Register with ICO
- Move email onshore (hostinguk.net labours the point 🙂 ).
- including restoring historic data to a live system so I can delete it!
- Delete cloud backups on gdrive and onedrive.
- Join RLA
- fill in audit for each property
- fill in privacy notice for each property
- serve on each existing tenant.
Document the above.
I think that amounts to due diligence, others may need to do more, I had looked at ICO information a few years ago, so already had data encrypted locally, in flight and at backup (hint veracrypt and backblaze).
Done until the first SAR!
Paul Shears
13:36 PM, 15th May 2018, About 6 years ago
Reply to the comment left by Mike at 15/05/2018 - 10:45
Very well said.
Mike
23:07 PM, 15th May 2018, About 6 years ago
this is what I think best suits me, as my own privacy policy, there may be a few things that I cannot put in as they may contravene tenants rights, but if those items are pointed out to me by ICO or others, i may amend my privacy document to comply legality
Mark Alexander can delete this post if he finds it is not appropriate.
MY DATA PROTECTION AND GDPR COMPLIANCE PRIVICY POLICY
Dear Tenant
Under the new EU rules on Data Protection, known as General Data Protection Requirement) or for short GDPR, this new legislation comes into force on 25th May 2018. That means any Landlord who holds personal data on his Tenant must now register with the Information Commissioners’ Office (ICO) and strictly follow proper and recommended procedures to protect your personal data and other sensitive information held by your Landlord (known as data Controller) and you are known as the “subject. “
Therefore as being your landlord I am also your data controller, my Name_
My Address_Telephone Contact__
I am therefore now fully compliant with GDPR legislation and I have also registered my name and address with the ICO, as a data controller as required by law.
My objectives are to fully comply with this new GDPR legislation. If you need in depth information regarding GDPR and about your personal data being held by anyone or any organisations, please visit ICO website at
http://www.ico.org.uk and you will find in depth details of all about GDPR that you need to know.
As a responsible landlord, I hold your personal data or information, such as a copy of your passport (to determine your right to live in UK, under right to rent check. Your latest bank statements (to confirm your previous address and your income being paid directly into your bank account, conversely your ability to pay your rent on a regular bases) Your employment status & your employers reference (to determine your employment stability, conversely your ability to afford and pay rent regularly. Your previous tenancy agreements and a reference from your previous landlord. (to determine your past conduct & suitability as a responsible tenant) or any other information on you that I may request from you as a landlord or that you may have provided voluntarily.
It will be my duty under GDPR to protect all your personal data or information to the best of my ability and as recommended by GDPR recommendation, and not to allow it to fall into wrong hands or exchange it with anyone not authorised by law to receive it. Therefore you are rest assured that I intend to fully comply with GDPR requirements and meet all my obligations under this new legislation and protect your personal information from falling into wrong hands.
ICO website will explain you in full details what rights you have as a subject and what my obligations are as a data controller, and what happens if I breach conditions set out under GDPR, and what action you can take if you discover that I have breached your personal data security.
Any Information held on you will not be given to anyone not authorised by law to receive it or without your prior written consent. However I may not need your consent to share your personal information with the following bodies if they make a request for it:
1. Police and other law Enforcement Authorities
2. Benefit fraud investigation agencies
3. Utility companies whom you may still be owing money for unpaid utility bills
4. Electoral register enquiry
5. Banks and credit card companies investigating fraud.
6. Hire Purchase and other money lenders chasing debts and debt collectors.
7. Any other companies you owe money to and tracing your ware abouts
8. Local Council requesting your personal information
9. Notify Home Office if you had limited rights to stay in UK and your right to stay has expired
10. Your next of kin in case of any medical emergencies
11. Courts or bailiffs
12. TV licensing authorities
13. My Mortgage lender
14. My Insurance provider
15. Any builders or workers carrying out maintenance or repairs authorised by me
16. Any one legally entitled to receive it.
17. My right as a landlord to pass your details to law enforcement agencies or solicitors if I am to serve you any notices or to file court cases against you for non-payment of rent or other breaches of tenancy agreement.
18. My tax advisors for accountancy and tax purposes
I must not share your information with anyone else who does not have a right to your information.
I will only provide your references to those whom you have given your written consent for example when you may move to another accommodation and your new landlord requires from you a reference. Or if anyone else requires it for your benefit, I will only provide it with your written consent.
I must not hold back any information from being given out if requested by those who are legally entitled to receive it by law as holding it back or not cooperating with the authorities may go against me, and I may well be committing an offence by withholding your personal information.
You may also exercise your rights to know what information I hold on you, you can request this and I must provide you full details of all the information I hold on you, including any conduct and behavioural reports or general notes on you or your visitors, saved on my filing system whilst you are or were being my tenant.
I will hold your personal data for as long as I am allowed by GDPR regulations, or by law, after which your personal data shall be destroyed as required by GDPR legislation using appropriate means such as shredding or incinerating or deleting your computer files. Your data or information will not be simply put in trash bins for disposal as it could come into the wrong hands.
You are rest assured that I will take all the necessary steps to highly safeguard your personal information that
I hold on you as part of my obligation as a landlord and to comply with latest rules on various Housing Acts,
Selective or Additional Licensing Conditions and GDPR and not to allow it to be shared with anyone not entitled to receive it or without your signed consent.
As a licensed Landlord under the Selective or Additional License scheme, I am also obliged to keep your personal information for a certain amount of time safely even after you have moved out and your tenancy has come to an end, Please sign below that you understand my GDRP privacy policy, and that you give me your consent to hold this information on my files and on my computers, and I can only share it with those bodies that I have mentioned above without your further consent.
Any other organisations that are not legally authorised by law to obtain your information will not be given your personal information without your written consent. All your personal information will be destroyed and removed from my computers once it is no longer needed and I am no longer allowed to keep it on my filing system, so that it does not come into any unauthorised access.
I, the tenant (subject) hereby agree and consent to the above privacy policy document.
Signature….Date…
Your full Name……
Current Address…
Michael Barnes
0:12 AM, 16th May 2018, About 6 years ago
Reply to the comment left by Mike at 15/05/2018 - 23:07Not bad for a first attempt, but you need to try harder.
For instance:
"Therefore as being your landlord I am also your data controller"
is incorrect.
You are not their data controller, you are data controller for your lettings business, and as such you hold personal data about them.
You also do not want their consent, you want them to confirm that they have received a copy.
Mike
2:47 AM, 16th May 2018, About 6 years ago
Reply to the comment left by Michael Barnes at 16/05/2018 - 00:12Micheal, many thanks for pointing out this error. Original corrected now.
But for those landlords who own one to a few properties, privacy notice does not need be too complicated other than a few simple English statements.
Similar to tenancy agreement, this takes two A4 pages. It explains to tenants in simplest language they can understand without legal jargon. not that they would care much for GDPR.
TheMaluka
8:17 AM, 16th May 2018, About 6 years ago
GDPR from a different perspective.
Landlords have to supply tenants with their name and address, this is information by which a person could be identified. Surely the tenants have an obligation under GDPR to keep this information secure and as such each tenant should have a privacy policy?
Robert M
9:16 AM, 16th May 2018, About 6 years ago
Reply to the comment left by David Price at 16/05/2018 - 08:17
Interesting idea David, but the ICO website states:
"The GDPR does not apply to certain activities including processing covered by the Law Enforcement Directive, processing for national security purposes and processing carried out by individuals purely for personal/household activities."
so in view of this I don't think the GDPR applies to tenants.
It does however apply to Councils, contractors, letting agents, DWP, and virtually all suppliers of goods and services, HMRC Tax Office, to name but a few.