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.
Mark Alexander - Founder of Property118
11:37 AM, 5th October 2013, About 11 years ago
Reply to the comment left by "john handley" at "05/10/2013 - 11:28":
That's absolutely fine John 🙂
8:46 AM, 6th October 2013, About 11 years ago
Hope you can help him Mark...please do update us. Shocking story!
Mark Alexander - Founder of Property118
16:21 PM, 7th October 2013, About 11 years ago
Reply to the comment left by "john handley" at "05/10/2013 - 11:28":
Hello John
Thank you for calling me today to explain your situation which I understand as follows.
The property in question has been your own primary residence and your only home for 7 years. You own the property and have a mortgage on it which you can prove. All of the household bills have always been in your name and you can also prove this.
You intended to share your home with a lodger and purchased an agreement from WH Smiths in good faith. You were not aware of the difference between a tenancy agreement and a lodgers agreement. As it has transpired, you issued the wrong agreement, the man renting two rooms from you is legally your lodger, NOT your tenant. You are only aware of the difference between the two since speaking to me today.
When you fell out with your lodger you served him with the notice which came with the tenancy pack provided by WH Smiths. This notice is also NOT valid because your lodger is NOT your tenant according to the law.
You have explained that your tenant has been advised that he can evict you and that you should not be living in the property. This is bad advice. You have also explained that your lodger has legal aid on the basis that he has claimed that you have been harassing him. Again this is bad advice as this person is is NOT your tenant, he is your lodger.
What you need to do now is write to your tenant and also to the Council and the solicitors firm which are providing your lodger with legal aid.
You will need to say the following .....
Dear
I have taken independent advice and I have been told that I have issued a tenancy agreement in error. I have sent a copy of this letter to the Council and also to the solicitors who are providing you with legal aid.
I am the owner of this property and it is my sole and principal private residence. I have owned and lived at this property for 7 years and I enclosed my mortgage statement as proof of ownership. I have also enclosed copies of the household bills which are all in my name to show that this is my home.
Our arrangement was that you would share my home as my lodger and pay me rent of £??? per week/month. I have been advised that under the circumstances the tenancy agreement which I issued to you is not valid, hence the notice I served to you is not applicable as you are not my tenant, you are my lodger. I should have issued a lodger agreement but I didn't know the difference between a lodger agreement and a tenancy agreement.
Our relationship has broken down and under the circumstances I want you out of my home in the next 7 days. My advisers have confirmed that I am perfectly legally entitled to evict you without a court order 7 days from now.
Yours sincerely .......
Copies to:-
1) Name and address of Council
2) Name and address of solicitors acting for lodger
16:25 PM, 7th October 2013, About 11 years ago
Reply to the comment left by "Mark Alexander" at "07/10/2013 - 16:21":
amazing - well done Mark! Hope John can sort this out swiftly.
john handley
18:45 PM, 7th October 2013, About 11 years ago
Reply to the comment left by "Mark Alexander" at "07/10/2013 - 16:21":
Such nice people
Jay James
21:10 PM, 7th October 2013, About 11 years ago
Hi John
It's a good idea to stick to doing what Mark suggested.
Reducing contact with your lodger will reduce the chance of accusation against you.
Hope it all works out ok for you.
Can you keep us up to date on here?
john handley
21:33 PM, 7th October 2013, About 11 years ago
Reply to the comment left by "Jay Jay" at "07/10/2013 - 21:10":
Your both Fab
Mark Alexander - Founder of Property118
22:06 PM, 7th October 2013, About 11 years ago
This is the email I have sent to John this evening ....
Dear John
I have read all of the attachments you have sent, none of which are relevant to your case.
The person living with you is NOT your tenant. He is your lodger. It is this misunderstanding of legal terminology which has caused you so much grief to date.
What you need to do is send the following letter to your lodger with a copy to his solicitors and the Council and also your own solicitor if you can afford to employ one, I recommend recorded delivery.
Before sending the letters you may wish to contact the Police to make an appointment to tell them what you plan to do and to explain that you are fearful for your own personal safety. Take their advice.
7 days after sending the letters, the next time he leaves the premises I recommend you to get a locksmith to change the locks and leave a notice on the door to tell your lodger to contact your solicitor to recover his personal belongings. If he comes to the door, DO NOT answer it, call the Police immediately. Print a copy of this email ready to show the Police if/when they are called.
Below is the letter you need to send to your lodger, the Police, your lodgers solicitor and your solicitor ……
Your name
Your address
Your post code
Lodgers name
Lodgers address
Lodgers post code
Date
Dear Sir
Following numerous disagreements, legal action you have instigated against me and the time you assaulted me I decided that enough is enough and I have taken independent advice on my predicament. My advisers have helped me to construct this letter to you. I have also advised the Police that I am concerned for my own personal safety in my own home.
Our arrangement was that you would share my home as my lodger and pay rent to me in the sum of £??? per week/month.
The long and short of this is that I have been advised that the tenancy agreement which I issued to you is not valid, hence the notice I served to you is not applicable either.
I have been advised that I issued a tenancy agreement to you in error and that it has no legal basis in law. You are not my tenant, you are my lodger. I should have issued a lodger agreement but I didn’t know the difference. The fact that I am dyslexic has not helped matters and neither has my misunderstanding of the legal differences between the words lodger and tenant and what the correct agreement to use was in my case.
I am the owner of this property and it is my sole and principal private residence. I have owned and lived at this property for 7 years. I am able to prove this to the authorities by providing a mortgage statement as proof of ownership. I also have copies of the household bills which are all in my name to show that this is my home. I can also provide witness statements confirming this has been my home for the last 7 years if required. On this basis I have been advised that there is no doubt that you are indeed my lodger and not my tenant.
I have sent a copy of this letter to the Council, the Police and also to the solicitors who are providing you with legal aid.
I want you out of my home in the next 7 days.
My advisers have confirmed that I am perfectly entitled to evict you without a court order 7 days from now if you have not left by then.
My decision on whether to pursue my legal entitlement to 6 months of rent arrears and other claims I may have against you will depend very much upon how you act from this point onwards
Yours faithfully
John Handley
Copies to:-
1) Name and address of Council
2) Name and address of solicitors acting for lodger
3) Name and address of Police officer