Privacy Policy

PRIVACY POLICY

Barkers Estate & Lettings Agents is the controller of your data and complies with Data Protection laws in the <st1:country-region w:st="on">United Kingdom</st1:country-region> and the EU General Data Protection Regulation (GDPR). This Privacy Policy details how we collect and handle your personal data.

We endorse and adhere to the General Data Protection Regulation principles. When processing data we will use our best endeavours to ensure that it is:

· Processed lawfully, fairly and in a transparent manner.

· Processed no further than the legitimate purposes for which that data was first collected.

· Limited to what is necessary in relation to the purpose.

· Accurate and kept up to date as far as possible.

· Kept in a form which permits identification of the data subject for no longer than is necessary.

· Processed in a manner that ensures adequate security of that personal data.

· Processed by a controller who can demonstrate compliance with the principles.

Furthermore the Company will seek to:

· Observe fully the conditions regarding having a lawful basis to process personal information.

· Meet its legal obligations to specify the purposes for which information is used.

· Collect and process appropriate information only to the extent that it is necessary to fulfil operational   needs or to comply with any legal requirements.

· Ensure the information held is accurate and up to date.

· Ensure that the information is held for no longer than is necessary.

· Ensure that the rights of people about whom information is held can be fully exercised under the GDPR (i.e. the right to access personal information on request; to prevent processing in certain circumstances and to correct, rectify, block or erase information that is regarded as wrong information).

· Take appropriate technical and organisational security measures to safeguard personal information.

· Ensure that personal information is not transferred outside the EU, to other countries or international organisations without an adequate level of protection.

The personal data we collect about you

Personal data collected, used, stored and transferred by us include:

Identity Data - Your name, address, photographic ID and signature including for joint title-holders, sellers & applicants.

Contact Data - Email and telephone numbers for you or related parties to a proposed transaction or service.

Financial Data – Depending on the reason we are dealing with you, this may include bank statements for use as identification, proof of funds and mortgage information to confirm purchasing ability, income to confirm rental ability, financial history to confirm rental suitability.

Transaction Data - Price offered or paid for property bought, sold, let or rented through us. Details of current property if a purchase or a rental is dependent on a sale, remortgage or a letting.

Technical Data - including Internet Protocol (IP) address, browser type and version, time zone setting and location, operating system and platform and other technology on the devices used to access the Barkers website

Profile and Usage Data - including feedback and survey responses and how you use our website, products and services.

Marketing and Communications Data - including your communication preferences, your preferences in receiving property alerts, market and property news from us and when requested, third party businesses such as, referrals to solicitors, surveyors, mortgage brokers, financial advisors, specialist contractors or traders; digital pictures images and floorplans used for marketing and promotion use and Barkers business promotion and marketing.   

How do we collect your personal data?

Personal data is collected by us using the following methods: 

·         Direct interactions with a member of staff in person either in the home, in our branch offices or during visits of properties you elect to inspect.

·         By post, telephone, email or otherwise when selling, letting or sourcing property for sale or to let or applying for mortgage or other services we offer.

·         Automated technologies or interactions with our website and property portals, by using a web enquiry form.

·         Third parties such as new home builders, developers.

·         Publicly available sources processing Identity, Contact, Ownership, and Financial categories of personal data.

·         Publicly available pictures, images, data, views of street scenes, aerial views and other website data sources.

 How do we use your personal data?

We use your personal data in the following circumstances and relying on the following lawful basis for processing:

Purpose / Activity

Data type collected

Lawful basis for processing

Property search, seller or landlord

enquiry or general enquiry

Identity, Contact, Transactional, Technical

Consent and to legitimate interest. To comply with regulatory and legislative requirements.

Potential Buyers and/or Tenants

Identity, Contact, Financial, Transactional, Technical

Performance of a contract. To comply with regulatory and legislative requirements.

Sellers and Landlords

Identity, Contact, Financial,

Transactional, Technical

Performance of a contract. To comply with regulatory and legislative requirements.

Freeholders and Lesses

Identity, Contact, Financial,

Transactional, Technical

Performance of a contract. To comply with regulatory and legislative requirements.

We may analyse the personal information we collect directly from you and obtain using automated technical means to create a profile of your interests and preferences so that we can contact you with information relevant to your interest (if you have chosen to receive marketing communications from us). We may make use of additional information about you when it is available from external sources to help us do this effectively. These sources include for example, the publicly accessible Land Registry, Companies House, Electoral Role, CCJ Registry etc.

We may also use any of your personal information that we collect from you directly and additional information about you from external sources where necessary to detect and reduce fraud and credit risk. Our legal basis for this use of your personal information is our legitimate interests in preventing our business being subject to fraud, money laundering or credit risk.

Change of purpose

We will only use your personal data for the purposes stated above, unless we reasonably consider that we need to use it for another reason and it is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Changes to our Privacy Notice

We keep our Privacy Notice under regular review and we will place any updates on this web page. This Privacy Notice was last updated on 25th July 2018.

Marketing Communications

You will have the choice to opt-in to receiving other related marketing information and related products and services. You can opt-out of receiving these types of communications at any time by amending the preferences on the relevant email communication or by contacting our Data Protection controller at:- homes@barkersestateagents.com

Please note that your personal information will not be passed to any third-party for marketing purposes.

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We also limit access to your personal data to only those members of staff, contractors, suppliers and third parties such as solicitors or surveyors, who have a legitimate need to know that data type which is relevant to their work or business. They will only process your personal data on our instructions and they are subject to a duty of care and appropriate confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach, where we are legally required to do so.

Cookies

When using the Barkers website, you can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Website Third-party links

Barkers’ website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Sharing of personal data outside of the European Economic area

We do not believe any personal data is held or shared with any organisations outside the EEA. However from time to time some of our external suppliers maybe based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

If and when we use providers based in the <st1:country-region w:st="on">US</st1:country-region>, data may be transferred to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the <st1:country-region w:st="on">US</st1:country-region>.

We may also from time to time use specific contracts approved by the European Commission that provide the same level of protection for personal data as it has in the EEA.

Who we disclose personal data to

Your personal data may be shared with third parties for the following purposes:

Purpose / Activity

Who Data may be shared with

Property enquiry, seller or landlord

enquiry or general enquiry

CRM Software providers, Regulatory authorities

Potential Buyers and/or Tenants

CRM Software providers, Financial Services providers, Solicitors, Surveyors, Referencing agencies, Landlords, Regulatory authorities

Sellers and Landlords

CRM Software providers, Financial Services providers, Solicitors and Surveyors, Debt Collection Agencies, Professional Services providers (i.e. photographers/ videographer, EPC & floor plan specialists

Managed Tenants

CRM Software providers, Referencing Agencies, Contractors, Suppliers, Local Authority, Debt collection agencies, Regulatory authorities.

Freeholders and Leaseholders

CRM Software providers, Solicitors, Surveyors, Contractors, Suppliers, Regulatory authorities.

Contractors and suppliers we frequently or periodically deal with are available by contacting us at:- homes@barkersestateagents.com

These companies are required to ensure appropriate security measures are in place and maintain the confidentiality of your personal data, and to use your personal data only in the course of providing such services and in accordance with contractual, legitimate or regulatory purposes.

How long is your personal data retained?

We only retain your personal data for as long as necessary for us to provide a service or as legally required.

After these retention periods if there is no prospect of other on-going client relationship your personal data will either be deleted or anonymised so that it can be used for statistical purposes, but without any method of identifying you individually.

You have the right to:

• Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

• Request correction of the personal data. This enables you to have any incomplete or inaccurate data corrected, although we may need to verify the accuracy of the new data you provide to us.

• Request erasure of your personal data. This enables you to ask us to delete personal data where there is no good or legal reason for us continuing to process or store it. You can also ask us to delete your personal data where you have successfully objected to the processing (see 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 delete the data for specific legal reasons which will be notified to you, if applicable, at the time of your request.

• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.

• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

(a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, format.

• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Questions

If you have any questions or complaints relating to how we use your personal data, or if you wish to exercise any of your rights regarding your personal data, please contact the Data Protection Manager by emailing homes@barkersestateagents.com or by writing to us. We will respond to you as soon as is possible. The length of time will depend on the type and complexity of the request, but you will receive a response no later than one month from the initial request. 

What if I am still not satisfied?

If you are not satisfied with how Barkers has responded to your enquiry, you have the right to complain to the Information Commissioner’s Office (ICO), who is the regulator for data protection in the United Kingdom

© Barkers Estate Agents 2018

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