Privacy and Cookies

The personal information we collect from you will typically include the following:

• Full name and contact details (including your contact number, emergency contact details, email and postal address)
• information relating to your identity where we are required by law to collect this, consisting of photographic ID, proof of address and which may also consist of special category personal data comprising your biometric identity and/or immigration documentation
• information on your close connections where we are required to conduct conflicts of interests under regulatory obligations
• your banking details where required such as where you are letting a property or, where renting, to set up an approved tenancy deposit account for you and arrange for rental payments
• information on any access requirements you have necessary to enable us to find suitable properties for you, which may consist of special category personal data comprising details of any disability or other health information about you
• details about your areas of interest where we wish to send you marketing information about similar products and services
• information providing evidence of proof of funds for the purchase of properties as required under anti-money laundering regulations.
• Usage information about your visits to our website (which enable our website to remember information about you and your preferences) and use of our site. Please read our ‘Cookie Policy’ for further details. This may include information about your visit, including the full Uniform Resource Locators (URL), clicks through to and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
• Other technical information, including what devices you use to connect to our App, device location data where this function is not disabled by you on your device, the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.
• Your communications with us, including a record of the email or telephone correspondence created when you contact us as part of a product or service query.

Where we need to collect personal data by law (for example to meet our obligations to prevent fraud and money laundering) or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

The legal grounds under data protection legislation for processing your personal data are as follows:

• It is necessary for the performance of a contract to which you are a party, or to take steps prior to entering into a contract with you, for us to provide you with our products and services.
• You have given us explicit consent to the processing of your personal data for one or more specific purposes, namely 1) where you have given us consent to receive electronic marketing by us to process your Special Category Personal Data described above. You do not need to provide us with marketing consent in order to receive our services.
• It is necessary for the purposes of our legitimate interests, except where our interests are overridden by the interests, rights or freedoms of affected individuals (such as you). To determine this we shall consider a number of factors, such as what you were told at the time you provided your data, what your expectations are about the processing of the data, the nature of the data, and the impact of the processing on you. Our legitimate interests include processing necessary to improve and to promote our services and products and to better understand our customers’ interests and knowledge of the property market and to administer the technical aspects of our service and products. We have carried out a Legitimate Risk Assessment for this purpose.
• Where we need to comply with a legal obligation; or in rare circumstances:
• Where we need to protect your interests (or someone else’s interests); and/or
• Where it is needed in the public interest or for official purposes

We will hold and use personal information about you in the following ways:

• In order to fulfil our obligations to you when providing you with our property services
• To share your information with others where necessary to fulfil our property services for you or where acting as agent for a third party on your behalf
• To comply with our statutory and regulatory obligations, including verifying your identity, prevention of fraud and money laundering and to assess your creditworthiness
• Communicate with you during the course of providing our services, for example with your enquiries and requests.
• Statistical purposes so we can analyse figures to help us manage our business and plan strategically for the future.
• To provide you, or to enable to provide you, with information about goods or services we feel may interest you, where you have provided permission for us to do so or, if you are an existing customer only, where we choose to contact you by electronic means (including e-mail or SMS) with information about our own goods and services similar to those which you have already obtained from us or negotiated to obtain from us. For those marketing messages you can unsubscribe at any time
• To notify you about changes to our service;
• To ensure that content from our site is presented in the most effective manner for you and for your computer.

We will retain your personal data for different periods depending on the service you have chosen to use us for, which may be a longer period than that for which we need to hold your data to provide those services, i.e where we are under regulatory or statutory duties to hold your data for a longer period or need to retain it in the event of a legal claim or complaint. The longest we can hold your data for is 7 years under the Estate Agents Act.

We will pass your details to the following organisations (our “data processors”) who carry out certain activities on our behalf as part of our providing our services: Briefyourmarket, Iamproperty, Credas, Expertagent, Street.co.uk, ExtraMile Communications, HMRC, Leadpro, The Lettings Hub, Gent Law, Move with Us, RPUK and Spencer and Co Surveyors.

We will also pass your details where necessary to your property solicitors and those of the other party to your transaction.

We will also disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
• If our company or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation, or to protect the rights, property, or safety of our company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

We will not share your information with third parties for marketing purposes without first obtaining your prior consent.

Your data will be held on secure servers within the European Economic Area (“EEA”) with all reasonable technological and operation measures put in place to safeguard it from unauthorised access. Where possible any identifiable information will be encrypted or minimised.

Some organisations may be located in countries outside of Europe where data protection laws are not as strict as they are in the UK. Where your personal data is being transferred outside the EU, we will either undertake an assessment of the level of protection in light of the circumstances surrounding the transfer or:

• Only transfer it to a non-EEA country with privacy laws that give the same protection as the EEA; or
• Ensure we have an agreement in place with the recipient under which they are under a duty to protect your data to the same standards as those in place in the EEA; or
• Transfer it to US organisations that are signed up to the EU-US Privacy Shield scheme; or
• We will make sure that any transfers are not repetitive and only limited to the minimum amount of information possible. In certain circumstances we may need to seek your consent unless there is an overriding legal need to transfer the information]

If we have given you a username and password which enables you to access certain parts of your matter on our systems, you are responsible for keeping it confidential. Please do not share it with anyone.

You have a right to request a copy of the personal information we hold about you, known as a data subject access request. You also have the right to request that information we hold about you which may be incorrect, or which has been changed since you first told us, is updated or removed. These requests are free of charge and can be sent to [email protected] or by post to James Du Pavey, 11B High Street, Eccleshall, Stafford, ST21 6BW.

You can ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where you have withdrawn consent for us to process it (as explained below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

You have the right at any time to withdraw any consent you have given us to process your personal data. Please note if you withdraw your consent it will not affect the lawfulness of any processing of your personal data we have carried out before you withdrew your consent. Should you wish to do so you can change your consent preferences at any time by unsubscribing or by emailing [email protected] or in writing to James Du Pavey, 11B High Street, Eccleshall, Stafford, ST21 6BW.

You can ask us to suspend the way in which we are using your information in certain scenarios, or object to our processing your data where we are relying on a legitimate interest ground (or those of a third party) and you feel it impacts on your fundamental rights and freedoms, or where we are processing your personal data for direct marketing purposes. In some cases where you object, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Please note that if you want us to restrict or stop processing your data this may impact on our ability to provide our services. Depending on the extent of your request we may be unable to continue providing you with our service.

Any queries or concerns about the way in which your data is being used can be sent by emailing [email protected] or in writing to James Du Pavey, 11B High Street, Eccleshall, Stafford, ST21 6BW.

In the event that we process your data by automated means where you have either provided us with consent for us to use your information or where we used the information to perform a contract with you, you have the right to request that we send to you or to another organisation, a copy of the personal data we hold about you, for example when you are dealing with a different service provider. If you would like us to move, copy, or transfer your information please let us know by email to [email protected]. We will respond to you within one month after assessing whether or not this is possible, taking into account the technical compatibility with the other organisation in question.

If you wish to raise a complaint on how we have handled your personal data, you can contact us to have the matter investigated by emailing [email protected] or in writing to James Du Pavey, 11B High Street, Eccleshall, Stafford, ST21 6BW. If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the UK data protection regulator, the Information Commissioner’s Office. Further details can be found at www.ico.org.uk or 0303 123 1113.

1. 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 services. 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.
2. By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. For more details, please refer to section 6, above, and to section 13.6 below. These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.
3. All Cookies used by and on Our Site are used in accordance with current Cookie Law.
4. Before Cookies are placed on your computer or device, you will be shown a pop up at the bottom of the page 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.
5. 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 13.6. 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 13.10, 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.
6. The following first party Cookies may be placed on your computer or device:

and the following third party Cookies may be placed on your computer or device:

1. Our Site uses analytics services provided by Google Analytics. 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 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.
2. The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
3. The analytics service(s) used by Our Site use(s) the following Cookies:

1. 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.
2. 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.