Data Protection and Privacy

1. Introduction

1.1 In this Privacy Policy:

1.1.1 references to we, us or our means Sanderson Weatherall LLP, a limited liability partnership whose registered office is 6th Floor Central Square, 29 Wellington Street, Leeds, United Kingdom, LS1 4DL. Your personal information will be held by Sanderson Weatherall LLP.

1.1.2 references to Customer means any individual or organisation that we provide Services to under a contract;

1.1.3 references to Group means Sanderson Weatherall Group Limited and any of its subsidiary companies;

1.1.4 references to you or your means any individuals who are employed or engaged by a Customer, a potential Customer or any individuals who are themselves Customers or potential Customers);

1.1.5 references to the Services means the practice of chartered surveyors, property consultancy services, business asset advice, auctioneering services that we provide including but not limited to the arrangement of leases and property management services that we may make available to you (as a Customer or as an employee of a Customer).

2. Privacy Policy

2.1 This policy (together with any other documents referred to within it) sets out the basis on which we collect and use personal information about you in connection with the Services.

2.2 This policy describes in detail who is responsible for the personal information that we collect about you, the nature of the personal information we collect and how we will use it. We will also set out who we disclose it to and your rights and choices in relation to your personal information.

2.3 In this policy where we use the words personal information we use these words to describe information that is about you and which identifies you and other individuals such as your partner or other members of your family or other dependents who will be living with you at the rental property or a guarantor and/or referees.

2.4 You have the right to object to our use of your personal information in certain circumstances. Please see the Your rights section below for a summary of your right to object (along with your other rights under data protection law) and the details of who to contact if you want to exercise them. Please see the How to contact us section if you need to get in touch.

3. Who Is Responsible For The Personal Information That We Collect?

3.1 We are the data controller for the purpose of data protection law, in respect of your personal information collected and used through your use of the Services.

3.2 This is because we dictate the purpose for which your personal information is used and how we use your personal information.

4. What Personal Information Do We Hold About You?

4.1 We collect and use personal information about you in the course of providing the Services. The personal information we collect includes:

4.1.1 Information you provide to us. The information you provide to us may include:

  • your name;
  • postal address;
  • email address;
  • telephone number;
  • employment details (including your employer, employment start date, type of employment contract, manager name, salary, benefits you are entitled to);
  • financial and credit and debit card information (which may include your national security number);
  • photograph and passport and other photographic identification information such as your driving licence, proof of your entitlement to reside in the UK;
  • details of any guarantor (if applicable); and
  • details of your referee(s).

This includes information you provide:

a) when you fill in forms for us, including any rental application forms;

b) in communications between us, including e-mails, letters, agreements and text messages;

c) when you report a problem with a property to us; and

d) when you provide your bank details to us for payments you need to make to us.

4.1.2 Information we collect from you

a) information contained in and records of communications between you and us, technical information, including 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;

b) information about your visit to our Website, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time); page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number;

c) through our use of cookies on our Website. Cookies are pieces of information stored directly on the device you are using. Cookies allow us to recognise your device and to collect information such as internet browser type and time spent using the Website. Please contact martin.archer@sw.co.uk for more detail on how we use cookies on our Website; and

d) we may also record calls between us for training, monitoring and quality control purposes.

4.1.3 Information we receive from other sources

a) information from third party organisations that we use to perform credit checks on you such as your name, details of linked records and your credit score;

b) information from organisations that provide utilities to the rental property at which you reside (including electricity and gas utility providers) such as details of your usage;

c) information from property maintenance contractors (such as the repairs that are undertaken and their communications with you, up to date details of the property maintenance contractors that we use can be obtained from Martin Archer by e-mail at martin.archer@sw.co.uk;

d) information from the local authority for the area of the rental property that you live in such as details of what you have paid and any outstanding sums you may owe in relation to the property you rent;

e) information from third party payment services providers such as details of what you have paid and any outstanding sums;

f) copies of leases and other contractual information relating to your use of the Services;

g) information from tenant referencing agencies (such as your credit rating, details of any Count Court Judgments made against you, employment checks and referencing);

h) information (such as your image) collected via CCTV installed at the relevant party. CCTV may be installed externally or internally in the communal areas. CCTV footage is collected for the prevention and detection of crime and are stored for a maximum period of one month before being deleted (unless it is required for the investigation or prosecution of a crime); and

i) information we obtain from individuals who you have listed as references in your rental application form (including details of your character and personal background).

5. Information About Third Parties

5.1 In the course of using the Services, you may give us personal information about other people, including:

5.1.1 other occupiers of the rental property you occupy at or which you are applying to live at (for example, your partner, members of your family or other dependants);

5.1.2 your or an occupier’s guarantor(s);

5.1.3 your or an occupier’s referee(s); or

5.1.4 your next of kin.

5.2 For example, the personal information we collect in respect of:

5.2.1 permitted occupiers includes their name, relationship to you, address, telephone number and email address;

5.2.2 guarantors may include the personal information set out in the sections above on What personal information do we hold about you? and Information you provide to us;

5.2.3 referees includes their name, relationship to you or the occupier (as the case may be), address, telephone number and email address;

5.2.4 next of kin includes their name, relationship to you, address, telephone number and email address; and

5.2.5 other occupiers includes their name, relationship to you, address, telephone number, employer and email address.

5.3 We will use this personal information in accordance with this Privacy Policy. If you are providing personal information about another person, you confirm that you have the consent of that person or are otherwise permitted to share their personal information with us and that you have made the information in this Privacy Policy available to that person.

6. How Do We Use The Personal Information We Collect About You?

6.1 We use your personal information in connection with the provision of the Services to you. Under data protection law we can only use your personal information if we have a proper reason to do so (this is also known as a legal basis). Examples of where we have a legal basis include when

6.1.1 we have your consent;

6.1.2 it is necessary to enter into or perform a contract with you or with the Customer;

6.1.3 it is necessary to comply with a legal obligation;

6.1.4 it is necessary in order to protect your vital interests or

6.1.5 it is in our legitimate interests.

6.2 Where we rely on our legitimate interests we mean our:

6.2.1 pursuit of our commercial activities and objectives, or those of a third party;

6.2.2 compliance with applicable legal and regulatory obligations and any codes of conduct;

6.2.3 improvement and development of our business operations and service offering, or those of a third party; or

6.2.4 protection of our business, shareholders, employees and customers, or those of a third party.

6.3 We have set out our reasons for using your personal information in the table below under the heading Legal Basis. Where we rely on our legitimate interests, we have set out those interests in the table below.

6.4 You have the right to object to our use of your personal information at any time. Please see the Your rights section below for a summary of your right to object and the details of who to contact if you want to exercise them. Please see the How to contact us if you need to get in touch.

Purpose Legal Basis
To communicate with you and other individuals. This is in our legitimate interests in connection with the provision of the Services to you or the Customer or the potential Customer.
To carry out our obligations arising from any contracts entered into by you or by a Customer in relation to the provision of the Services. It is in our legitimate interests to enable us to provide the Services to you or the Customer (as the case may be) and to comply with terms of a contract we have in place with you or the Customer. This is to perform our contractual obligations with you. This will only be applicable if you are a sole trader or you are an individual using our Services and we have a direct contract with you
To manage our business This is in our legitimate interests because this furthers our aims and objectives.
To assess your tenancy application and decide whether this application will be successful. This is in our legitimate interests to enable us to provide our Services to you. It is also necessary in order to take steps to enter into a contract with you. This will only be applicable if you are a sole trader or you are an individual using our Services and we have a direct contract with you.
To make an assessment of affordability and for debt recovery purposes for example, in relation to your ability to make payments of rent, damages deposits and service charges. This is in our legitimate interests to enable us to process your application for a rental property and to be able to provide the Services to you.
To carry out credit reference checks This is in our legitimate interests in order for us to: (i) assess whether you can afford the rent on the rental property that you are applying for; (ii) check the information you have given us; (iii) trace and recover any debts; and (iv) detect and prevent financial crime and money laundering.
To carry out identity checks This is necessary for us to comply with our legal obligations in relation to fraud and anti-money laundering.
For contacting next of kin in an emergency situation. Where you are a Customer who is a sole trader or an individual, this is necessary in order to protect your vital interests.
To notify you about changes to the Services This is in our legitimate interests to in order for us to manage our relationship with you or the Customer, and to keep you or the Customer updated as to changes to our Services.
To improve the quality of the Services and our training. This is in our legitimate interests to enable us to improve and develop our business operations and Services.
To send you direct marketing communications about our products/services Legitimate interests: It is in our legitimate interest to contact you about services that we offer. Consent: In some circumstances, we may rely on your consent to send direct marketing communications to you.
To manage complaints, feedback and queries. This is in our legitimate interests to enable us to improve and develop our business operations and the Services we offer.
To comply with any legal or regulatory obligations (including in connection with money laundering regulations or a court order). This is necessary for us to comply with our legal obligations.
To enforce or apply the agreements concerning you or a Customer. Depending on the circumstances

  • this is necessary for our legitimate interests in order to conduct and manage our business;
  • for performing our contract with you where you are a sole trader or an individual using our Services and we have a direct contract with you; or
  • in connection with legal proceedings (i.e. the establishment, exercise or defence of legal claims).
To prevent and detect fraud, financial crime and anti-money laundering. Depending on the circumstances:

  • this is necessary for us to comply with our legal obligations; or
  • this is necessary for our legitimate interests in order to conduct and manage our business.
For the prevention and detection of crime. The processing of CCTV images is necessary for:

  • our legitimate interests in order to protect our business, and to prevent and detect crime; or
  • the processing may also be necessary in connection with legal proceedings (i.e. the establishment, exercise or defence of legal claims).
  • Where the personal information constitutes details of criminal offences or activity, we will process the information on the basis that it is necessary for the prevention or detection of unlawful acts.

 

6.5 Where we process your personal information on the legal basis of our legitimate interests (as set out in the table above), we have carefully considered and assessed your rights and freedoms which require protection of your personal information in respect of each specific purpose. Having undertaken this assessment, we have determined that our legitimate interests are not overridden by your rights under data protection laws. If you would like further information about how we have balanced your rights and freedoms against our legitimate interests, please get in touch using the details at the How to contact us section below.

6.6 We may be required to obtain your personal information to comply with our legal requirements, to enable us to fulfil the terms of our contract with you or in preparation of us entering into a contract with you. If you do not provide the relevant personal information to us, we will not be able to provide the Services to you.

7. Who May We Disclose Your Personal Information To?

7.1 You agree that we may share your personal information with:

7.1.1 our business partners, suppliers and sub-contractors for the performance of any contract we enter into with you (for example, any property maintenance contractors, inventory companies or third party payment services provider, our business partners, suppliers and sub-contractors specifically for the performance of delivering the Services to you (for example, Cascade payroll bureau, Westfield, Bupa and third party companies such as Beckett Financial Services);

7.1.2 tenant referencing services;

7.1.3 organisations that provide utilities to the rental property which you or the Customer occupy;

7.1.4 the council for the area in which the rental property which you or the Customer occupy is located;

7.1.5 other companies and entities within the Group

7.1.6 car park management service providers that we may use in relation to the provision of the Services by us to you or to your employer;

7.1.7 bailiffs we employ in order to recover any lease or rental payments in accordance with the terms of any agreements in place between us and you or your employer;

7.1.8 any tenancy deposit scheme provider that we may use;

7.1.9 our professional advisors (including accountants and lawyers) that assist us in carrying out our business activities;

7.1.10 external agencies and organisations (including the police, the relevant local authority, the UK Visas and Immigration department and other law enforcement agencies) for the purpose of complying with applicable legal and regulatory obligations; and

7.1.11 reference checking agencies who undertake certain checks on our behalf about you or other representatives of the Customer (including credit reference checks, details of any County Court Judgments entered against you, employment checks and landlord referencing) for the purpose of assessing your application or the Customer’s application.

7.2. For an up to date list of all third party service providers used by the Group, please contact Martin Archer by e-mail on martin.archer@sw.co.uk or any of the contact details set out in paragraph 13 ‘How to contact us’ below.

7.3 We will also disclose your personal information to other third parties, for example:

7.3.1 in the event that we sell or buy any business or assets, we will disclose your personal information to the prospective seller or buyer of such business or assets;

7.3.2 if we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our corporate group), personal information held by us will be one of the transferred assets; and

7.3.3 if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our legal rights under any contract we have with you.

 

8. Where Will We Transfer Your Personal Information?

8.1 We will process your personal information within the European Economic Area.

8.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to us and any transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorised access.

9. How Long Will We Keep Your Personal Information For?

9.1 To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means. We also consider any applicable legal, regulatory, tax, accounting or other requirements which may specify how long we should retain your personal information for.

9.2 Subject to the above, we will keep your personal information for 10 years or such periods which we are required to retain records in accordance with the requirements/guidance of the Royal Institute of Chartered Surveyors which is a professional body of which we are a member.

9.3 We will also keep the personal information of other third party occupiers of the property and guarantors for the same periods as set out in section 9.2, unless the individual is no longer a guarantor and in such circumstances we will no longer retain the guarantor’s personal information.

9.4 CCTV images are retained in accordance with the retention periods in section 4.13(h) above.

9.5 For further information about how long we keep your Personal Information, please get in touch using the details at the How to contact us section below.

10. Your Rights

You have certain rights with respect to your personal information. The rights will only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights and who to contact to exercise them.

Summary of your rights
Right of access to your personal information You have the right to receive a copy of your personal information that we hold about you and information about how we use it, subject to certain exemptions.
Right to rectify your personal information You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.
Right to erasure of your personal information You have the right to ask that your personal information be deleted in certain circumstances. For example:

  • where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used;
  • if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information;
  • if you object to the use of your personal information (as set out below);
  • if we have used your personal information unlawfully; or
  • if your personal information needs to be erased to comply with a legal obligation.
Right to restrict the use of your personal information You have the right to suspend our use of your personal information in certain circumstances. For example:

  • where you think your personal information is inaccurate but only for so long as is required for us to verify the accuracy of your personal information;
  • the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead;
  • we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or
  • you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.
Right to data portability You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies:

  • to personal information you provided to us;
  • where we rely on the following legal bases:
  • consent; or
  • for the performance of a contract; and
  • when the use of your personal information is carried out by automated (i.e. electronic) means.
Right to object to the use of your personal information (including to object to direct marketing, automated decision making and profiling) You have the right to object to the use of your personal information in certain circumstances and subject to certain exemptions. For example:

  • where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party);
  • if you object to the use of your personal information for direct marketing purposes; and
  • where we use your personal information to take a decision which is based solely on automated processing where that decision produces a legal effect or otherwise significantly affects you.
Right to withdraw consent You have the right to withdraw your consent at any time where we rely on consent to use your personal information
Right to complain to the relevant data protection authority If you think that we have processed your personal information in a manner that is not in accordance with data protection law, you can make a complaint to the data protection regulator. In the UK this is the Information Commissioner’s Office (ICO) and they can be contacted on 0303 123 1113 or please see www.ico.org.uk. If you live or work in an EEA member state, you may complain to the regulator in that state.

 

11. How To Complain

11.1 If you think there is a problem with how your personal information is being handled, please contact us by using the contact details below.
11.2 You also have the right to complain to the Information Commissioner’s Office who can be contacted on 0303 123 1113. Please also see www.ico.org.uk.

12. Changes To Our Privacy Policy

12.1 Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, we will give you reasonable notice of any changes

13. How To Contact Us

13.1 If you have any questions regarding this Privacy Policy or the way we use your personal information, you can contact us by:

13.1.1 telephone on 0113 221 6000

13.1.2 email at martin.archer@sw.co.uk ; or

13.1.3 post at Sanderson Weatherall, 6th Floor, Central Square, 29 Wellington Street, Leeds, LS1 4DL.