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:
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||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 firstname.lastname@example.org, 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 email@example.com, or using the contact details below in section 14.
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- 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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- Contacting Us
11:04 AM, 23rd September 2016, About 7 years ago
We are going to need help on this one, but in the mean time it is worth consulting the Leasehold Advisory service >> http://www.lease-advice.org/
18:13 PM, 24th September 2016, About 7 years ago
The management company works for YOU not vice versa, you do not even have to give them audience let alone take heed of what they say. It was presumably the current directors who appointed the management company and equally they have the power to dismiss it, subject of course to any contractual agreement.
The Companies Act 2006 in association with the Articles of Association will determine the situation. I feel it unlikely that a unanimous vote of the directors is required. Directors are normally appointed and removed by a majority vote of shareholders, an ordinary resolution.
168Resolution to remove director
(1)A company may by ordinary resolution at a meeting remove a director before the expiration of his period of office, notwithstanding anything in any agreement between it and him.
(2)Special notice is required of a resolution to remove a director under this section or to appoint somebody instead of a director so removed at the meeting at which he is removed.
(3)A vacancy created by the removal of a director under this section, if not filled at the meeting at which he is removed, may be filled as a casual vacancy.
(4)A person appointed director in place of a person removed under this section is treated, for the purpose of determining the time at which he or any other director is to retire, as if he had become director on the day on which the person in whose place he is appointed was last appointed a director.
(5)This section is not to be taken—
(a)as depriving a person removed under it of compensation or damages payable to him in respect of the termination of his appointment as director or of any appointment terminating with that as director, or
(b)as derogating from any power to remove a director that may exist apart from this section.
Call a general meeting to be sure of dismissing the unwanted director (very easy and as Neil says plenty of advice on the LEASE site).
9:44 AM, 25th September 2016, About 7 years ago
Thanks for that, the Articles of Association are the standard of the shelf ones that say Directors must agree on the appointment of a new director, the management read this as being All directors of the company thats me and the other guy who is not responding.
There must be something some where other than the general meeting that allows for when a director doesn't respond for the voting in of another Director?
We are can have as many directors as we want if they are all members.
The Articles seem to contradict themselves as it says a director can only be a dwelling holder which the Director is.
But it also says only company shareholders, and I assume he is not as he did not pay a share?
10:26 AM, 25th September 2016, About 7 years ago
If he has absented himself from board meetings for six months without explanation you can terminate him I believe under Table A as long as the Articles do not contradict it. Obviously you may not have had any meetings but if he is not answering correspondence I would take it as read. Does he have support from other Tenants? You would need another director though as usually one is not enough for older companies.
10:27 AM, 25th September 2016, About 7 years ago
This gets more complicated as we go along. Is your company an RTM (Right to Manage) company? The Articles may be different to the Standard Company Limited by Shares. When was it formed as this may affect the Articles, I have assumed in my replies that it was a recent incorporation.
If it is an RTM company then it will be limited by Guarantee and members have to make application to join the company - at the same time giving a guarantee just in case the company is wound up. Check the list of members for your fellow leaseholder and director may not be a member.
If it is a company limited by shares then a general meeting is surely the easy way forward, it really is very easy to call a general meeting in such a small company, you need 5% of the members, in your case two, and a simple form which I am sure you can download from the LEASE site.
And what is all this nonsense about you being intimidated by the management company? It's YOUR company not theirs and they cannot dictate terms, the management company should have no influence at all over the running of your company. Like any advisor they are there to advise and you are free to ignore that advice. As one famous Prime Minister said, "Advisors advise, Ministers decide."
10:59 AM, 25th September 2016, About 7 years ago
Reply to the comment left by "Puzzler " at "25/09/2016 - 10:26":
You have a good point.
Irrespective of what anyone or any documentation says one of your options is to appoint another director and dismiss the errant director, provided of course you have the support of your fellow members. Present it as a fait accompli and leave him to take action if sees fit, my guess is he will not react in any substantive manner.
If the managing agent does not like this then dismiss it.
12:13 PM, 25th September 2016, About 7 years ago
It's not that easy to dismiss a director if he does not want to go, a special resolution at a meeting has to be proposed at which he can make his case. I think the six month rule is your best option. Note you can just terminate him at Companies House without explanation but that does not take into account the rules of so doing.
9:48 AM, 28th September 2016, About 7 years ago
Just had a E Mail from the management company after requesting the leaseholders details telling me this
Me to them
As requested please also send me details of the leaseholders of the management company as I am entitled to as a Director of the company.
Them to me
You have not addressed my valid concerns regarding issuing you with this data, if there is something you wish to communicate to other leaseholders then you can do that through ourselves. I have to be satisfied that you have a legitimate purpose for wanting this information to comply with the Data Protection Act – if I fail to do this then I am committing an illegal act.
11:15 AM, 28th September 2016, About 7 years ago
Reply to the comment left by "Ray Doyle" at "28/09/2016 - 09:48":
I have assumed that you are a director of the management company and that his management company is employing the services of a 'managing agent'. When you refer to the management company I presume you mean 'managing agent'. If this is not the situation then my comments many be inappropriate.
Th Managing Agent works for you not vice versa. As a director of the management company you arguably have more right to the details of all the leaseholders than the managing agent. If the managing agent will not do as you tell it then dismiss it.
In any case you should have a complete list of all the members of your company, which presumably is all the leaseholders. Does the management company hold the freehold? Have you registered with Information Commissioner, not obligatory but desirable?
Ray please drop me an email and I may be able to help you as I have been in this sort of situation. firstname.lastname@example.org
22:37 PM, 2nd October 2016, About 7 years ago
As a director you are not subject to the Data Protection Act as if you were just another leaseholder. I am a little confused here as to your and their status. You talk about Management Company (of which you are a director?) but do you mean Agent? Can you be more specific as what you say does not make sense? You should be able to get a list of shareholders from beta.companieshouse.gov.uk
My email is email@example.com if you wish to discuss in more detail. I see David has made a similar comment. Two directors when one is not participating is actually an impasse as one director has no authority so should be resolved, the management cannot act without the agreement of both, so they cannot legally "push" anything through.