Data Protection Statement
Your personal data is data which, by itself, or with other data available to us, can be used to identify you. We are Edwards & Co (Estate Agents) Ltd, the data controller, and this data protection statement sets out how we’ll use your personal data. You can contact our Data Protection Officer (DPO) Greg Savage, at 111 South Farm Road, Worthing West Sussex, BN14 7AX if you have any questions.
Where there are two or more people named, this data protection statement applies to each person separately.
The Type of Personal Data We Collect and Use
Whether or not you become a client, if you register with us we’ll use your personal data for the reasons set out below, and if do you eventually become a client, we’ll use it to manage the account, contract you’ve entered into, or service you’ve applied for. We’ll collect most of this directly during your registration process, however sometimes we may collect personal data indirectly, and those sources of data collected in this way are also mentioned in this statement. The personal data we may use includes:
- Full name and personal details, including contact information (e.g. home address, email address, home and mobile telephone);
- Details of your property search and preferences;
- Financial information (e.g. mortgage details, or bank statements to support cash offers being made against properties you wish to purchase);
- Records of services you’ve obtained (e.g. details of solicitors instructed to facilitate a property sale/purchase);
- Family, lifestyle or social circumstances, if relevant to the service we are performing for you (e.g. annex required for elderly relative);
- Employment details/status
- Personal data about other named parties who may be selling or buying with you, although you must have the authority to provide their personal data to us and share this data protection statement with them beforehand, together with details of what you’ve agreed on their behalf
Providing Your Personal Data
We’ll tell you if providing some personal data is optional, including if we ask for your consent to process it. In all other cases you will need to provide your personal data if you are requiring us to perform a service for you (unless you are already a client and we therefore already hold your details).
Monitoring of Communications
Subject to applicable laws, we may monitor and record your calls, emails, text messages, social media messages and other communications in relation to your dealings with us. We’ll do this for regulatory compliance, self-regulatory practices, crime prevention and detection, to protect the security of our communications systems and procedures, to check for obscene content, for quality control and staff training, and when we need to examine a record of what’s been said. We may also monitor activities on your account where necessary for these reasons, and this is justified by our legitimate interests and legal obligations.
Using Your Personal Data: The Legal Basis and Purposes
We’ll process your personal data:
- As necessary to perform our contract with you for the relevant account or service:
- To take steps at your request before entering into it
- To decide whether or not to enter into it;
- To manage and perform that contract;
- To update our records; and
- To trace your whereabouts to contact you about your client record, and to recover debt if necessary.
- As necessary for our own legitimate business interests or those of other persons or organisations, e.g.:
- For good governance, accounting, and managing and auditing our business operations;
- To carry out necessary searches at appropriate agencies to ensure that you are not laundering money as part of a property transaction;
- To monitor emails, calls, other communications, and activities on your account;
- For market research, analysis, and developing statistics; and
- To send you marketing communications and for marketing to you in-branch.
- As necessary to comply with a legal obligation, e.g.:
- When you exercise your rights under data protection law and make requests;
- For compliance with legal and regulatory requirements and related disclosures;
- For establishment and defence of legal rights;
- For activities relating to the prevention, detection, and investigation of crime;
- To verify your identity, make fraud prevention, and anti-money laundering checks; and
- To monitor emails calls, other communications, and activities on your account.
- Based on your consent, e.g.:
- When you request us to disclose your personal data to other people or organisations such as a company handling a claim on your behalf, or otherwise agree to disclosures;
- When we process any special categories of personal data about you at your request (e.g. your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, data concerning your health, sex life or sexual orientation); and
- To send you marketing communications where we’ve asked for your consent to do so.
You’re free at any time to change your mind and withdraw your consent. However, the consequence might be that we can’t do certain things for you.
Sharing of your Personal Data
Subject to applicable data law, we may share your personal data with:
- Other branches of Edwards & Co (Estate Agents) Limited;
- Other estate agents through whom you are selling or purchasing, and who are making enquiries about the chain we are tied into;
- Subcontractors and other persons who help us provide products and services;
- Companies and other persons providing services to us;
- Our legal and other professional advisors, including our auditors;
- Fraud prevention agencies and debt collection agencies;
- Government bodies and agencies in the UK and overseas (e.g. HM Revenue & Customs (“HMRC”)) who may in turn share it with relevant overseas tax authorities and with regulators (e.g. the Financial Conduct Authority, or The Information Commissioner’s Office);
- Courts, to comply with legal requirements, and for the administration of justice;
- In an emergency, or otherwise to protect your vital interests;
- To protect the security or integrity of our business operations;
- To other parties connected with your client record (e.g. joint buyers/sellers);
- When we restructure or sell our business or its assets, or have a merger, or re-organisation;
- Market research organisations who help to improve our products and services; and
- Anyone else where we have your consent or where it is required by law.
Identity Verification and Fraud Prevention Checks
The personal data we’ve collected from you at any stage will be shared with fraud prevention agencies who will use it prevent fraud and money laundering and to verify your identity. If fraud is detected, you could be refused certain services, finance or employment in the future. We may also search and use our internal records for these purposes.
Your Marketing Preferences and Related Searches
We’ll use your home address, phone numbers, email address and social media (e.g. Facebook, Google, and message facilities in other online platforms) to contact you according to your preferences. You can change these or unsubscribe at any time by contacting us. In the case of social media messages you can manage your social media preferences via the appropriate social media platform.
If you have previously told us that you don’t want to be contacted regarding any offers we may be running, or information regarding our services, or to be included in market research, we will continue to respect your wishes. You can tell us at any time if you want to stop receiving this information.
Criteria Used to Determine Retention Periods (Whether or Not You become a Client)
The following criteria are used to determine data retention period for your personal data:
- Retention in case of property search; we’ll retain your personal data as long as necessary to assist with your property search, and as soon as you tell us that you’ve found your new home and no longer require our services, we’ll delete your record;
- Retention in case of claims; We’ll retain your personal data for as long as you might personally bring claims against us; and
- Retention in accordance with legal and regulatory requirements; we’ll retain your personal data after your client record, property transaction or service has been completed and closed, or has otherwise come to an end based on our legal and regulatory requirements.
Your Rights Under Applicable Data Protection Law
Your rights are as follows (noting that these rights don’t apply in all circumstances and that data portability is only relevant from May 2018):
- The right to be informed about our processing of your personal data;
- The right to have your personal data corrected if it’s inaccurate and to have incomplete personal data completed;
- The right to object to processing of your personal data;
- The right to restrict processing of your personal data;
- The right to have your personal data erased (the right “to be forgotten”);
- The right to request access to your personal data and information about how we process it; and
- The right to move, copy or transfer your personal data (“data portability”).
You may also have the right to complain to the Information Commissioner’s Office. It has enforcement powers and can investigate compliance with data protection law: ico.org.uk.
Data Anonymisation and Aggregation
Your personal data may be converted into statistical or aggregated data which can’t be used to identify you, then used to produce statistical research and reports. This aggregated data may be shared and used in all the ways described above.
For more information on any of the above, you can contact Greg Savage, our DPO, on 01903 288630, in-branch, or via firstname.lastname@example.org.