Property Customer Privacy Policy

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Calthorpe Estates Group are committed to respecting your privacy. This notice is to explain how we may use personal information we collect and use during and after the period you hold, buy or rent property from us or your organisation does these things. This notice explains how we comply with the law on data protection and what your rights are.

This notice applies to individuals who are looking for a property, making arrangements to move into a property or occupy a property in each case which has either been constructed by or for us, is owned by us and to be rented from us and/or is managed by us. This notice also applies to individuals who work for an organisation which is doing the same things. This notice does not form part of any contract relating to the property you may agree to rent or which you occupy or any contract the organisation you work for has.

References to we, our or us in this privacy notice are to the Calthorpe Estates Group (which is made up of all the companies and entities listed in Appendix A at the end of this privacy notice).

We have not appointed a Data Protection Officer to oversee our compliance with data protection laws as we are not required to do so, but our Corporate Governance Manager has overall responsibility for data protection compliance in our organisation. Contact details are set out in the “Contacting us” section at the end of this privacy notice.

For the purposes of this privacy notice the controller is the relevant part of the Calthorpe Estates Group from which you or your organisation have agreed to rent or purchase or are purchasing a property and which is processing your personal information.

1. PERSONAL INFORMATION
When you interact with us in relation to your rental or ownership of property with us, you may provide us with or we may obtain personal information about you, such as information regarding your:
– personal and work contact details and identifiers such as name, title, addresses, telephone numbers, and email addresses, emergency contact details, family members, referees, date of birth, gender, details of availability;
– any family members who will live with you, guarantors of your commitments;
– marketing preferences including preferred contact methods, property types, sizes, locations of interest, length of term, developments of interest and incentives of interest;
– tax or governmental identifiers regarding any stamp duty or other relevant property taxes;
– bank accounts, credit card details, payment and receipt details, rents and service and/or estate charges, financial status, and amounts and tax status, status of your current property;
– account information for any of our portals and websites including username, password and other identifying information and other account information;
– details of the property you will move into, title and lease details, any property options selected and payments made, payments we make to you and other associated information, relevant utilities records, decisions made by you;
–  identification documents and information such as passport, utilities bills, identity cards, signature, etc;
– advisors appointed by you including lawyers, financial advisors, surveyors;
– property records, searches, documents and files (including our legal files relating any rental to you);
– enquiries, complaints and correspondence and other communications with you; and
– pictures where you feature in our marketing materials.

2. SPECIAL CATEGORIES OF PERSONAL INFORMATION AND CRIMINAL RECORDS INFORMATION
We will not generally collect, store and use any “special categories” of more sensitive personal information regarding you for example:
– information about your race or ethnicity, religious beliefs, sexual orientation and political opinions;
– information about your trade union memberships; and
– information about your health, including any medical condition, health and sickness records, medical records and health professional information and disability information (unless occasionally in relation to adjustments made to a property).

We will also not collect, store and use any criminal records information in relation to you.

3. WHERE WE COLLECT YOUR INFORMATION
We will collect personal information from a number of sources. These include the following:
– Directly from you: from yourself, when you indicate that you wish to obtain information, rent from us, attend our events, complete forms we provide to you, use our website, enter our competitions and promotions, make a claim, make a complaint, provide money laundering information to us, contact us by phone, email or communicate with us directly in some other way.
– Third parties authorised by you; a family member, managing agents, letting agents or someone else authorised by you.
– Our website: provides us with information about how you use it and the devices that you use to connect to our website.
– Providers of information: which may include credit reference agencies, money laundering check provider, the Land Registry and other providers of information.
– Portals and other web platforms: for example Rightmove, Zoopla.
– Journalists or other investigators: they may provide us with details or make enquires about you or matters concerning you or ourselves.
– Your professional advisors: such as lawyers, accountants, financial advisors and surveyors.
– Our professional advisors: such as lawyers, accountants, planning consultants and surveyors.

We will also collect additional personal information throughout the period of you or the organisation you work for moving into or occupying the property connected to your dealings and activities with us.

If you are providing us with details of referees, family members and emergency contacts they have a right to know and to be aware of how what personal information we hold about them, how we collect it and how we use and may share that information. Please share this privacy notice with those of them whom you feel are sufficiently mature to understand it. They also have the same rights as set out in the “Your rights in relation to personal information” section below.

4. USES MADE OF YOUR PERSONAL INFORMATION
Below describes the main purposes for which we process your personal information, the categories of your information involved and our lawful basis for being able to do this. Not all of these may apply to you depending upon whether we are only managing or rectifying defects, repairs or other issues at your or your organisation’s property or whether you or your organisation are also renting or buying a property from us.

4.1 Marketing to you or your organisation properties and developments of potential interest and our services, products and schemes which may be of potential interest to you or your organisation
Personal information used: Name, personal contact details and other identifiers, marketing preferences
Lawful basis:
– We have a legitimate interest in marketing our properties and developments to you or your organisation in order to make new rentals
– You have requested that we send to you details of certain properties and/or developments. We also may have obtained your explicit consent

4.2 Carrying out any identity and money laundering checks
Personal information used: Name, personal contact details and other identifiers, and identification documents, money laundering checks
Lawful basis:
– We have a legitimate interest in making sure that we have correctly identified you
– We may have a legal obligation to do so

4.3 Dealing with and managing the reservation, exchange of contracts and completion of your rental/purchase or your organisation’s rental/purchase of a property from us
Personal information used: All the personal information we collect
Lawful basis:
– We need this information to be able to perform and administer your rental of the property
– To be able to enter into, manage and perform our contract with you regarding your or your organisation’s property rental/purchase and fixtures and fittings options

4.4 Dealing with and carrying out any fixtures and fittings options selected by you or your organisation in relation to the property
Personal information used: Personal contact details, property details, options selected and payment and transaction information
Lawful basis:
– This is necessary to enter into and perform the contract with you regarding any fixtures and fittings options selected by you in relation to your property rental and we have a legitimate interest to enter into and perform the contract with your organisation

4.5 Administering, performing and managing the contract we have entered into with you or a third party regarding property transactions and managing our relationship with you including your rights or those of the organisation you work for in relation to the property(s)
Personal information used: All the personal information we collect about you
Lawful basis:
To be able to manage and perform our contract with you regarding your property rental/purchase and fixtures and fittings options and we have a legitimate interest to do this with your organisation

4.6 Managing our business and internal reporting
Personal information used: All the personal information we collect about you
Lawful basis:
We have a legitimate interest to ensure that we operate efficiently and manage our business properly.

4.7 Dealing with and managing enquiries, defect rectification, complaints and other communications from you or your organisation and dealing with legal disputes and warranty claims involving you or your organisation
Personal information used: All the personal information we collect about you
Lawful basis:
– We have a legitimate interest to ensure that we operate efficiently and deal with any enquiries, complaints or other communications
– We have a legitimate interest to ensure that all legal claims are managed effectively
– To be able to manage and perform our contract with you regarding your property rental/purchase and fixtures and fittings options and we have a legitimate interest to do this with your organisation

4.8 Providing to you portal and/or website access and for the purposes of ensuring the security of our systems and our information including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution
Personal information used: All the personal information we collect about you
Lawful basis:
– We have a legitimate business in ensuring our premises and systems are secure
– To be able to manage and perform our contract with you regarding your property rental/purchase and fixtures and fittings options and we have a legitimate interest to do this with your organisation

4.9 To conduct data analytics studies and customer satisfaction surveys to review, and better understand our customers and their retention, attrition and satisfaction level
Personal information used: Our customer records and any information you provide in response to our customer satisfaction surveys
Lawful basis:
– We have a legitimate interest in order to improve as a company

4.10 For the purpose of complying with any legal or regulatory requirements
Personal information used: All the personal information we collect about you
Lawful basis:
– We have a legal obligation to comply with legal requirements and we have a legitimate interest in complying with regulatory requirements

4.11 Storage of records relating to you and also records relating to our business
Personal information used: All the personal information we collect about you
Lawful basis:
– To be able to manage and fulfil our contract with you, we may have a legal and/or regulatory obligation to do so and we also have a legitimate interest to keep proper records

For some of your personal information you will have a legal, contractual or other requirement or obligation for you to provide us with your personal information. If you do not provide us with the requested personal information we may not be able to rent/sell to you or your organisation the property you wish to rent/purchase or we may not be able to properly perform our contract with you or your organisation or comply with legal obligations.

You should be aware that it is not a condition of any contract with us that you agree to any request for consent from us and we do not usually rely on consent as a basis for processing your personal information. However if we have asked you for consent, and you have given us your consent to use your personal information, you have the right to withdraw this consent at any time, which you may do by contacting us as described in the “Contacting us” section below.

Please note however that the withdrawal of your consent will not affect any use of the data made before you withdrew your consent and we may still be entitled to hold and process the relevant personal information to the extent that we are entitled to do so on bases other than your consent. Withdrawing consent may also have the same effects as not providing the information in the first place, for example we may no longer be able to provide carry out certain activities. Generally, we do not currently rely on consent as a basis for processing any of your personal information.

5. DISCLOSURE OF YOUR PERSONAL INFORMATION
We share personal information with the following parties:
– Companies in the same group of companies as us: for the purpose of providing a service to you.
– Any party approved by you: for example financial advisors, legal advisors, your family, the organisation you work for.
– Other service providers to our business and advisors: repair and maintenance contractors, marketing agencies, public relations agencies, banks, professional advisors including legal advisors, and administration and IT services. All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information.
– Insurance providers: where relevant to the insurance of the property being rented or purchased from us.
– Managing agents, letting agents, enquiry agents, management company, landlords, the Land Registry: where relevant to the completion of your or your organisation’s property transactions or subsequent occupation.
– Guarantee providers: such as guarantee or warranty providers in relation to your property and/or the fixtures and fittings in the property.
– Utility providers and council tax authorities: for example water, electric, gas, telephone, internet/broadband and the relevant council tax authority.
– Purchasers of our business: buyers or perspective buyers to whom we sell or negotiate to sell our business.
– Government agencies and representatives: where you or your organisation are taking part in any scheme run by them, or UK Border Agencies and in relation to the Right to Rent and Right to Work in the UK.
– The Government, government bodies or our regulators: where we are required to do so by law or to assist with their investigations or initiatives, for example HMRC or the Information Commissioner’s Office.
– Police, law enforcement and security services: to assist with the investigation and prevention of crime and the protection of national security.

We do not disclose personal information to anyone else except as set out above unless we have your consent or we are legally obliged to do so. We do not sell, rent or trade your data.

6. DIRECT MARKETING
– Email, post, telephone and SMS marketing: from time to time, we may contact you by email, post, telephone or SMS with information about products or services we believe you or your organisation may be interested in.

We will only send marketing messages to you that you request from us, or that you tell us afterwards you are happy to receive or where you or the organisation you represent have purchased similar services or goods from us previously.

You can then let us know at any time that you do not wish to receive marketing messages by sending an email to us at enquiry@calthorpe.co.uk or by using the details set out in the “Contacting us” section below. You can also unsubscribe from our marketing by clicking on the unsubscribe link in any written marketing messages we send to you or letting us know during any marketing telephone call.

7. TRANSFERRING YOUR PERSONAL INFORMATION INTERNATIONALLY
The personal information we collect is not transferred to and stored in countries outside of the UK and the European Union.

Our staff and other individuals working for us may in limited circumstances access personal information outside of the UK and European Union if they are on holiday abroad outside of the UK or European Union. If they do so they will be using our security measures and will be subject to their arrangements with us which are subject to English Law and the same legal protections that would apply to accessing personal data within the UK.

In limited circumstances the people to whom we may disclose personal information as mentioned in the section “Disclosure of your personal information” above may be located outside of the UK and European Union. In these cases we will impose any legally required protections to the personal information as required by law before it is disclosed.

If you require more details on the arrangements for any of the above then please contact us using the details in the “Contacting us” section below.

8. HOW LONG WE KEEP PERSONAL INFORMATION FOR
The duration for which we retain your personal information will differ depending on the type of information and the reason why we collected it from you. However, in some cases personal information may be retained on a long term basis: for example, personal information that we need to retain for legal purposes will normally be retained in accordance with usual commercial practice and regulatory requirements. Generally, where there is no legal requirement we retain all physical and electronic records as set out below:
– Legal property information and legal files will be retained for approximately 12 years after the end of any rental/sale to you because this is the limitation period for claims related to property title claims;
– Information regarding fixtures and fittings will retained for approximately 6 years after the end of any rental/sale to you because this is the limitation period for claims related to breach of contract unless it forms part of a contract executed as a deed when it will be retained for 12 years;
– If for any reason your or your organisation’s property transaction with us does not complete, then we would retain your records for approximately 6 years (instead of 12 years) because this is the limitation period for claims related to breach of contract;
– Information relating to the title of the property will be retained with no time limit;
– Rent review memoranda documentation will be retained for a period of 12 years after the end of any rental to you because this is the limitation period for claims related to contracts executed as a deed; and
– Any other information is generally retained for a period of 6 years after the end of our relationship with you or our last contact with you because this is the limitation period for claims related to breach of contract unless the contract was executed as a deed when it will be 12 years.

It is important to ensure that the personal information we hold about you is accurate and up-to-date, and you should let us know if anything changes, for example if you change address or change your phone number or email address. You can contact us by using the details set out in the “Contacting us” section below.

9. YOUR RIGHTS IN RELATION TO PERSONAL INFORMATION
You have the following rights in relation to your personal information:
– the right to be informed about how your personal information is being used;
– the right to access the personal information we hold about you;
– the right to request the correction of inaccurate personal information we hold about you;
– the right to request the erasure of your personal information in certain limited circumstances;
– the right to restrict processing of your personal information where certain requirements are met;
– the right to object to the processing of your personal information;
– the right to request that we transfer elements of your data either to you or another service provider; and
– the right to object to certain automated decision-making processes using your personal information.

You should note that some of these rights, for example the right to require us to transfer your data to another service provider or the right to object to automated decision making, may not apply as they have specific requirements and exemptions which apply to them and they may not apply to personal information recorded and stored by us. For example, we do not use automated decision making in relation to your personal data. However, some have no conditions attached, so your right to withdraw consent or object to processing for direct marketing are absolute rights.

Whilst this privacy notice sets out a general summary of your legal rights in respect of personal information, this is a very complex area of law. More information about your legal rights can be found on the Information Commissioner’s website here

To exercise any of the above rights, or if you have any questions relating to your rights, please contact us by using the details set out in the “Contacting us” section below.

If you are unhappy with the way we are using your personal information you can also complain to the UK Information Commissioner’s Office or your local data protection regulator. We are here to help and encourage you to contact us to resolve your complaint first.

10. CHANGES TO THIS NOTICE
We may update this privacy notice from time to time. When we change this notice in a material way, we will update the version date at the bottom of this page. For significant changes to this notice we will try to give you reasonable notice unless we are prevented from doing so. Where required by law we will seek your consent to changes in the way we use your personal information.

11. CONTACTING US
In the event of any query or complaint in connection with the information we hold about you, please email dataprotection@calthorpe.co.uk or write to us at Calthorpe Estates, 76 Hagley Road, Edgbaston, Birmingham B16 8LU

Version 1 Dated May 2018

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APPENDIX A

Calthorpe Estates Group Companies & Entities

The Niall Anstruther-Gough-Calthorpe 1959 Discretionary Settlement
The Sir Euan Anstruther-Gough-Calthorpe Bt. 1994 Continuation Fund

Calthorpe Developments Limited (Company Registration Number 03979052)
Calthorpe Edgbaston Mill Limited (Company Registration Number 0564876)
Calthorpe Group Management Limited (Company Registration Number 07582078)
Calthorpe Property Company Limited Company Registration Number02623547)
Pebble Mill Investments Limited (Company Registration Number 04373741)