This document sets out the statement of Guardian Residential Lettings & Sales LLP with respect to personal data and the protection thereof.
This statement is effective from 25th May 2018 (last updated 25th May 2018)
1. Policy statement
1.1 Everyone has rights with regard to the way in which their personal data is handled. During the course of our activities, we will collect, store, process personal data from our customers, suppliers and other third parties. We recognise the importance of correct and lawful treatment of such data.
1.2 Our team are all obliged to comply with this statement when processing personal data on our behalf.
1.3 In this statement “we”, “us” and “our” refer to Guardian Residential Lettings & Sales LLP.
2. About this statement
2.1 The types of personal data that we may be required to handle include information about current, past and prospective customers, suppliers, and others that we communicate with. The personal data, which may be held on paper, in a cloud, or on a computer or other media, is subject to certain legal safeguards specified in the Data Protection Act 2015 (the Act) and other regulations.
2.2 This statement and any other documentation referred to in it sets out the basis on which we will process personal data we collect from data subjects, or that is provided to us by data subjects or other sources.
2.3 This statement sets out the rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer, and store personal data.
2.4 The Data Protection Officer (DPO) is Laura Tunnell and she is responsible for ensuring compliance with the Act and with this statement.
Data - The information which is stored electronically, on a computer (or other media) or in certain paper based filing systems.
Data subjects - All living individuals about who, we hold personal data, not necessarily a UK national or resident.
Personal data – The data relating to a living subject who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (eg: name, address, date of birth, IP address) or it can be an opinion about that person, their actions or their behaviour.
Data controllers - The people or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the Act. Our customers are the data controllers in our business. We can also be the data controllers if personal data is passed onto third parties.
Data users - Those of our employees whose work involves processing personal data. Data users must protect the data they handle in accordance with this Privacy Statement and any applicable data security procedures at all times.
Data processors - Any person or organisation that processes personal data on behalf of the data controller. We are the data processor in our business. Also data processors can be third parties who process personal data on our behalf and on our instructions.
Processing - Any activity that involves the use of the data. It includes obtaining, recording or holding data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing, or destroying it. Processing also includes transferring personal data to third parties.
Sensitive personal data – Any information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition, or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict instructions, including a condition requiring the express written permission of the person concerned.
4. Data protection principals
Anyone processing personal data must comply with the 8 enforceable principals of good practice. These provide that personal data must be:
a) Processed fairly and lawfully
b) Processed for limited purposes and in an appropriate way
c) Adequate, relevant and not excessive for purpose
e) Not kept longer than necessary for purpose
f) Processed in line with data subjects’ rights
h) Not transferred to people or organisations situated in countries without adequate protection.
5. Fair and lawful processing
5.1 When processing personal data, we will ensure that it is done fairly and without adversely affecting the rights of the data subject.
5.2 Personal data will be processed lawfully and on the basis of one of the legal grounds set out in the Act. These include, among other things, the data subject’s consent to the processing, or that the processing is necessary for the performance of a contract with the data subject, for the compliance with a legal obligation to which the data controller is subject, or for the legitimate interest of the data controller or the party to who, the data is disclosed. When sensitive data is being processed, additional conditions will be met. When processing personal data as data controllers, in the course of our business, we will ensure that those requirements are met.
6. Processing for limited purposes
6.1 In the course of our business, we may collect and process personal data as we deem appropriate. This may include data we receive directly from a data subject (eg: by completing forms or by corresponding with us by our website, mail, phone, email or otherwise) and data we receive from other sources (eg: property search engines and others).
6.2 We will only process personal data for the specific purposes it was intended or for any other purpose specifically permitted by the Act. We will notify those purposes to the data subject when we first collect the data or as soon as possible thereafter.
7. Notifying data subjects
7.1 If we collect personal data directly from data subjects, we will inform them about:
a) The purpose or purposes for which we intend to process the personal data.
b) The types of third parties, if any, with which we will share or to which we will disclose that personal data.
c) The means, if any, with which data subjects can limit our use and disclosure of their personal data.
7.2 If we receive personal data about a data subject from other sources, we will provide the data subject with the information in clause 7.1 as soon as possible thereafter.
7.3 We will also inform data subjects whose personal data we process that we are the data controller, with regard to that data.
8. Adequate, relevant and non-excessive processing
8.1 We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.
9. Accurate data
9.1 We will take all reasonable steps to ensure that any personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out of date data.
10. Timely processing
10.1 We will not keep personal data longer than it is necessary for the purpose or purposes for which they were collected. We will take all necessary steps to destroy, or erase from our systems, all data which is no longer required. We intend to and will make every effort to delete personal data from our systems as soon as possible from the date being 7 years from the date that the data subject ceased to be a customer or another date that is deemed appropriate and in keeping with the Act.
11. “Right to be forgotten” requests
11.1 Data subjects can request that their personal data be removed. Any such requests can be done by writing to the DPO or by unsubscribing using the link in any of the emails we send out.
12. Processing in line with data subject’s rights
12.1 We will process all personal data in line with data subject’s rights, in particular their right to:
a) Request access to any data held about them by a data controller (see clause 16).
b) Prevent the processing of their data for direct marketing purposes, unless consent has been provided.
c) Ask to have inaccurate data amended (see clause 9).
d) Prevent processing that is likely to cause damage or distress to themselves or anyone else.
13. Data security
13.1 We will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental loss or, or damage to, personal data.
13.2 We will put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data will only be transferred to a data processor if they agree to comply with those procedures and policies, or if they put in place adequate measures themselves.
13.3 We will maintain data security by protecting the confidentiality, integrity and availability of personal data, defined as follows:
- Confidentiality means that only people who are authorised to use data can access it.
- Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
- Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on our company server as opposed to individual pcs.
13.4 Security measures include:
a) Secure lockable desks and cupboards
b) Methods of disposal. Paper documents will be shredded. Digital storage devices will be physically destroyed when they are no longer required.
c) Equipment. Data users will ensure that individual monitors do not show confidential information to passers-by and that they log off from their pc when it is left unattended.
14. Transferring personal data to a country outside of European Economic Area.
14.1 We may transfer any personal data we hold to a country outside European Economic Area (EEA), provided that one of the following conditions applies:
a) The country to which the personal data is transferred ensures an adequate level of protection for the data subjects’ rights and freedoms.
b) The data subject has given consent.
c) The transfer is necessary for one of the reasons set out in the Act, including the performance of a contract between us and the data subject including the performance of a contract between us and the data subject or to protect the vital interests of the data subject.
d) The transfer is legally required on important public interest grounds or for the establishment or defence of legal claims.
e) The transfer is authorised by the relevant data protection authority where we have put in place adequate safeguards with respect to the protection of the data subjects’ privacy, their fundamental rights and freedoms, and the exercise of their rights.
14.2 Subject to the requirements of clause 14.1 above, personal data we hold may also be processed by partners/staff of our company operating outside of EEA.
15. Disclosure and sharing of personal information
15.1 We may disclose personal data we hold to third parties:
a) In the event that we sell or buy any business or assets, in which case we may disclose personal data we hold to the prospective seller or buyer of such business or assets.
b) If the company or substantially all of our assets are acquired by a third party, in which case personal data we hold will be one of the transferred assets.
15.2 If we are under a duty to disclose or share a data subject’s personal data in order to comply with any legal obligation, or in order to enforce or apply any contract or other agreements; or to protect our rights, property, or safety of our employees, customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
15.3 A list of possible third parties can be provided upon request.
16. Dealing with subject access requests
16.1 Data subjects must make a formal request for information we hold about them. This must be made in writing and addressed to the DPO.
16.2 When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
a) The caller’s identity has been verified to make sure the information is only given to a person who is entitled to it.
b) If we are unable to verify a caller’s identity, the request must be made in writing.
17. Changes to this statement
17.1 We reserve the right to change this statement at any time. Where appropriate, we will notify data subjects of those changes by mail or email.
If you have any questions about this Privacy Statement or the way we handle your personal data, please contact our DPO by either sending an email to Laura.Tunnell@guardianresidential.com or by going to the ‘contact us’ section of our website.
You can also raise any concerns with the Information Commissioner’s Office at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.