When we process your personal data we are required to comply with the General Data Protection Regulation 2016 (“GDPR”) and the Data Protection Act 20189 (“DPA”), (the DPA and GDPR are together referred to as the “Data Protection Legislation”).
Your personal data includes all the information we hold that identifies you or is about you, including but not limited to your name, email address, postal address, date of birth, location data and in some cases opinions that we document about you.
Everything we do with your personal data counts as processing it, including collecting, storing, amending, transferring and deleting it. We are therefore required to comply with the Data Protection Legislation to make sure that your information is properly protected and used appropriately.
This fair processing notice provides information about the personal data we process about you, why we process it and how we process it.
The company with which you contract, or which has engaged with you for the provision or receipt of services, or to which you have provided personal data will be either Gent Visick Limited (company number 09280028) or Gent Visick London Limited (company number 11376751) and such company is the data controller of the personal data you provide. References to “Gent Visick” and “We” throughout this policy refer to that company. Kathryn Hodgson (Associate Director at Gent Visick) will have day to day responsibility for ensuring we comply with the Data Protection Legislation and dealing with any requests we receive from individuals exercising their rights under the Data Protection Legislation.
Why do we process your personal data?
We may process your personal data where you are a tenant or a prospective tenant of one of the properties that we are marketing, where you are a landlord, prospective landlord or occupier purchasing our services, where you are an investor or prospective investor, or where you are any other contact.
The reasons we process your data will depend on our relationship with you.
We may process your personal data in order to fulfil the contract we have entered into with you, to receive services or goods from you, and/or to provide the services you have requested from us, such as property sales, lettings, acquisitions and building consultancy. Where you are a tenant, we will process your personal data to manage the letting and your rental of the relevant property. Where you are an investor we will process your data to discuss and, if relevant, progress investment opportunities. We may also process your personal data to respond to any queries or comments you submit to us, including via our website.
If we need your personal data to enter into a contract with you or provide you with information you have requested, we may be unable to fulfil our obligations to you if you don’t provide us with that information.
We may also process your personal data to send you marketing communications. Where you are an existing customer, a person with whom we have negotiated, or a corporate subscriber (i.e. you communicate with us using a business email address), we will send you information about our products and services on the grounds of legitimate interests under GDPR and “soft opt in” under the Privacy and Electronic Communication Regulations 2003. Otherwise, we will seek consent from you. You can unsubscribe from our marketing communications at any time.
We process most of your information on the grounds of our legitimate interests (i.e. processing that is necessary to continue our relationship with you and to provide you with or receive from you (as applicable) services or products), fulfilment of our contract with you or to comply with a legal obligation. If you are a tenant, your personal data may have been passed to us by a landlord in which case we process your personal data on the grounds of your landlord’s legitimate interests. Where we act as a joint marketing agent for a property we may receive your personal data from the other agent(s). We may receive information about you from third party providers of anti-money laundering services.
If none of the grounds set out above applies, we will obtain separate consent from you to the processing of your personal data. You can withdraw your consent at any time. This won’t affect the lawfulness of any processing we carried out prior to you withdrawing your consent.
Who will receive your personal data?
We only transfer your personal data to the extent we need to. Recipients of your personal data include:
- if you are a tenant, landlords of the properties you rent;
- if you are a landlord, tenants who occupy your properties where you have consented to us passing them your information;
- third party providers of CRM systems;
- contractors we use to fulfil building surveying / project management work;
- third party website hosting providers;
- marketing platforms and email marketing providers;
- third party providers of anti-money laundering services; and
- joint marketing agents.
We don’t transfer your personal data outside of the EEA.
How long will we keep your personal data?
We determine our retention periods based on a number of factors including, where relevant:
- the requirements set out in our insurance policies;
- the length of the lease in respect of which we provide services; and
- legal and statutory obligations we are required to comply with (including, for example, HMRC requirements);
- where we send you marketing communications, until you withdraw your consent (if relevant), you unsubscribe to our communications, we don’t believe our marketing communications continue to be relevant for you or your contact details become out of date.
Your information will be kept securely at all times. Following the end of the relevant retention period, your files and personal data we hold about you will be permanently deleted or destroyed. If we are required to obtain your consent to send you marketing communications, any information we use for this purpose will be kept until you withdraw your consent, unless we have other legitimate reasons to retain the data.
What are your rights?
You benefit from a number of rights in respect of the personal data we hold about you. We have summarised your rights below, and more information is available from the Information Commissioner’s Office website (https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/). These rights apply for the period in which we process your data.
1. Access to your data
You have the right to ask us to confirm that we process your personal data, as well as access to / copies of your personal data. You can also ask us to provide a range of information, although most of that information corresponds to the information set out in this fair processing notice.
We will provide the information free of charge unless your request is manifestly unfounded or excessive or repetitive, in which case we are entitled to charge a reasonable fee. We may also charge you if you request more than one copy of the same information.
We will provide the information you request as soon as possible and in any event within one month of receiving your request. If we need more information to comply with your request, we’ll let you know.
2. Rectification of your data
If you believe personal data we hold about you is inaccurate or incomplete, you can ask us to rectify that information. We will comply with your request within one month of receiving it, unless we don’t feel it’s appropriate in which case we’ll let you know why. We’ll also let you know if we need more time to comply with your request.
3. Right to be forgotten
In some circumstances, you have the right to ask us to delete personal data we hold about you. This right is available to you:
- where we no longer need your personal data for the purpose for which we collected it;
- where we have collected your personal data on the grounds of consent and you withdraw that consent;
- where you object to the processing and we don’t have any overriding legitimate interests to continuing processing the data;
- where we have unlawfully processed your personal data (i.e. we have failed to comply with GDPR); and
- where the personal data has to be deleted to comply with a legal obligation.
There are certain scenarios in which we are entitled to refuse to comply with a request. If any of those apply, we’ll let you know.
4. Right to restrict processing
In some circumstances you are entitled to ask us to suppress processing of your personal data. This means we will stop actively processing your personal data but we don’t have to delete it. This right is available to you:
- if you believe the personal data we hold isn’t accurate – we’ll cease processing it until we can verify its accuracy;
- if you have objected to us processing the data – we’ll cease processing it until we have determined whether our legitimate interests override your objection;
- if the processing is unlawful; or
- if we no longer need the data but you would like us to keep it because you need it to establish, exercise or defend a legal claim.
5. Data portability
You have the right to ask us to provide your personal data in a structured, commonly used and machine-readable format so that you are able to transmit the personal data to another data controller. This right only applies to personal data you provide to us:
- where processing is based on your consent or for performance of a contract (i.e. the right does not apply if we process your personal data on the grounds of legitimate interests); and
- where we carry out the processing by automated means.
We’ll respond to your request as soon as possible and in any event within one month from the date we receive it. If we need more time, we’ll let you know.
6. Right to object
You are entitled to object to us processing your personal data:
- if the processing is based on legitimate interests or performance of a task in the public interest or exercise of official authority;
- for direct marketing purposes (including profiling); and/or
- for the purposes of scientific or historical research and statistics. We currently don’t use your personal data for this purpose.
In order to object, you must have grounds for doing so based on your particular situation. We will stop processing your data unless we can demonstrate that there are compelling legitimate grounds which override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims.
Automated decision making
Automated decision making means making a decision solely by automated means without any human involvement. This would include, for example, an online credit reference check that makes a decision based on information you input without any human involvement. It would also include the use of an automated clocking-in system that automatically issues a warning if a person is late a certain number of times (without any input from HR, for example).
We don’t carry out any automated decision making using your personal data.
Your right to complain about our processing
If you think we have processed your personal data unlawfully or that we have not complied with GDPR, you can report your concerns to the supervisory authority in your jurisdiction. The supervisory authority in the UK is the Information Commissioner’s Office (“ICO”). You can call the ICO on 0303 123 1113 or get in touch via other means, as set out on the ICO website – https://ico.org.uk/concerns/.
If you have any questions or would like more information about the ways in which we process your data, please contact Kathryn Hodgson, Associate Director at Gent Visick, at email@example.com.