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, 3rd October 2013, About 11 years ago
Reply to the comment left by "stephen stanley" at "03/10/2013 - 11:29":
Hi Stephen
I believe I have already answered very similar questions, please refer to comments left after 6pm last night and my various responses, page 18 of comments onwards.
Devon Landlords
12:03 PM, 3rd October 2013, About 11 years ago
Hi Mark,
We have just received a reply from West Brom to our complaint letter of last week in this morning's post. Their letter, which looks like a standard letter re-iterates the Section 5 issue, as we expected. However, they are also state "Also, under the terms and conditions, demand for full repayment of the loan can be made by giving one month's notice (Section 14 - 'When the Loan has to be paid back to us'). They also enclose a copy of an acceptance of offer letter that we signed. We are feeling a bit deflated now....shall we scan in and e:mail this to you?
Mark Alexander - Founder of Property118
12:11 PM, 3rd October 2013, About 11 years ago
Reply to the comment left by "Incensed Landlord" at "03/10/2013 - 11:27":
Ball park figure on total costs if this goes all the way to the Supreme court is in the region of £100,000 to £200,000. I appreciate that's a massive margin but it will not be more accurate until we have Counsels opinion. Our legal costs will be circa £100,000, we will recover some/most of that from the other side if we win. Justin has an indicative quote from a legal fees insurer on the basis that they will underwrite a costs award if the other side wins on the basis that we pay 50% of the insured value if we win. Therefore, if we assume the other sides legal costs award could be £200,000 the insurance will cost us half of that and it will only be payable if we win. It's a bit strange to get your head around so you may need to read that a few times. Until last year we could have also sued for the costs of this premium if we win but that is no longer possible so either way we will have costs. If we win we will pay the legal fees insurance, if we lose then we will have to pay our legal costs and the legal fees insurance will pay any award of costs to the other side.
If/when we win a litigation battle through the Courts against WBBS as a group of named individuals it will be for compensation based on the groups projected losses over the remaining terms of our mortgage contracts. That will be a tidy lump sum and will give us all plenty of choices, e.g. remortgage away, sell the property or simply pocket the cash and pay the higher rate. Only the participants to the litigation will receive such compensation and everybody else will be on their own to make their own arrangements from that point forwards. I will certainly NOT be helping them!
WBBS may reverse their decision to increase their margins for everybody else if the above scenario comes to pass but they may not, it's a commercial decision. On the basis that WBBS are chancing their arm to this point they may well continue to do so. If people are can't be bothered to litigate now why would they do so in future, is a view that WBBS may well take. Either way, if we win, we win! Good luck to everybody else but I for one am doing all of this work to rally support because I know I can't win this alone and I am VERY passionate about this.
.
To my knowledge, only a ruling from the FOS could prevent WBBS from continuing to charge the increase. Can we really wait that long before we begin the fight though, it could take 12 months or more and they may just say the same as the FCA have said on the BoI case, i.e. sorry, we don't want to get involved, fight it out in Court.
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Annette Stone
12:23 PM, 3rd October 2013, About 11 years ago
A brilliant post Mark. This sums up the situation. I hope that the point I want to make is not something that I missed in all of the hundreds of posts from contributors that I just missed but even so, I still think that now you are crystalising exactly what is needed it is worth reiterating.
My point is that IF WEST BROM GET AWAY WITH THIS EVERY MORTGAGE WILL DECLARE OPEN SEASON ON THEIR BORROWERS - IT AFFECTS US ALL. You need a definitive ruling on this once and for all and it needs to be something that other mortgagees will also have to take notice of such as a Supreme Court Ruling. I wonder if it would be helpful if a formal fighting fund were established with two levels of contribution; one in the sort of sum you have suggested which will reflect the interests of those with West Brom mortgagees who will have to be the actual litigants in the class action suit and another level of contribution of say £100 from everyone with a buy to let mortgage who is prepared to support Property 118 in what they are doing. This might assist in spreading the fees and my £100 is winging its way to you.
Mark Alexander - Founder of Property118
12:29 PM, 3rd October 2013, About 11 years ago
Reply to the comment left by "stephen stanley" at "03/10/2013 - 11:29":
Stephen
I think I may owe you an apology, it may have been an email which I responded to last night which asked a similar question to yours.
My response to that email .....
We have learned a lot from the BoI case, hence a different tack.
Only 100 people coughed up leaving us out of pocket and a Class Action which has stalled.
The WBBS case is different and there are many more ways to tackle this one, hence the different approach. When this case gets moving, and we are confident it should on the basis proposed, then we will be in a far better position to resurrect the BoI case too.
There is a possibility of WBBS doing a deal subject to an NDA exclusively for members of the Class Action group when they see that we are serious.
Now for a conspiracy theory - why do you think BoI back-tracked on 1,200 mortgages? Most of them were part of our group as you will see from the forum comments. Of course there is absolutely no evidence to be found of this “coincidence” being foul play, but needless to say, those for whom the decision went the right way are no longer rattling their sabres, thus leaving just an unlucky few who are. This is pure speculation on my part of what might have occurred.
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Will The Gasman
12:38 PM, 3rd October 2013, About 11 years ago
Reply to the comment left by "Peter Cole" at "03/10/2013 - 12:03":
“Also, under the terms and conditions, demand for full repayment of the loan can be made by giving one month’s notice (Section 14 – ‘When the Loan has to be paid back to us’)
Myself and another person has also brought this up this week, but no one has replied. Does anyone know if they can do this ? If they can, when they know who is involved in the class action can't they just demand us all to redeem our mortgages ? Or do we need to default on payments before they can use this clause ?
Mark Alexander - Founder of Property118
12:41 PM, 3rd October 2013, About 11 years ago
Reply to the comment left by "Peter Cole" at "03/10/2013 - 12:03":
Hi Peter (and Will and others who have raised this point previously)
ALL mortgages have a 28 day repayment on demand clause, don't let that worry you. They need a Court order to enforce it and there are no grounds for them to obtain such an order, it would be a bit like you serving a section 8 notice on a model tenant.
Please send the response letter to Justin along with everything else. I should receive my complaint response any day now as I posted my complaint letter this Monday.
As a matter of interest, did you use our recommended complaint letter template and if so did they also send the requested documentation?
.
stephen stanley
12:50 PM, 3rd October 2013, About 11 years ago
Hi Mark
Thanks for the response, I'm in, I will be sorting out the paperwork over this weekend.
Devon Landlords
12:50 PM, 3rd October 2013, About 11 years ago
Thanks for your reply Mark - we just e:mailed you the letter before we got your reply. We didn't use your recommended complaint letter template because we had already sent our letter before you had made the template.
We are now feeling fighting fit after your reply about the 28 day clause and are ready to photocopy all relevant documentation and send it along with our cheque to Justin this afternoon!!
Mark Alexander - Founder of Property118
12:51 PM, 3rd October 2013, About 11 years ago
Reply to the comment left by "Annette Stone" at "03/10/2013 - 12:23":
Hello Annette
That's very generous, thank you.
I will speak to Justin and my business partner Neil about this next week.
PS - Thank you also for your generous donation towards the running costs of the forum, your support for our efforts is very much appreciated 🙂
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