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.
We 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 also explains how we comply with the law on data protection and what your rights are.
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 Head of Legal 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 (being all those companies and entities listed in Appendix A attached) from which you or your organisation have agreed to rent or purchase or are renting or purchasing a property and which is processing your personal information. References to we, our or us in this privacy notice are to the relevant part of the Calthorpe Estates Group.
- Personal Information we collect
When you interact with us in relation to 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:
- Basic information: 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.
- Family information: any family members who will live with you, guarantors of your commitments.
- Marketing information: marketing preferences, preferred contact methods, property types, sizes, locations of interest, length of term, developments of interest and incentives of interest.
- Government information: tax or governmental identifiers regarding any stamp duty or other relevant property taxes.
- Financial information: 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.
- IT information: account information for any of our portals and websites including username, password and other identifying information and other account information.
- Property 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, property records, searches, documents and files (including our legal files relating any rental or sale to you or your organisation).
- Identification information: identification documents and information such as passport, proof of address, utilities bills, identity cards, signature, information from a third party money laundering check provider (which may include politically exposed persons checks on family, friends and contacts of yours), Companies House information etc.
- Creditworthiness: We may undertake investigations into your creditworthiness in order to establish whether to enter into or continue a business relationship with you
- Advisors appointed by you: advisors appointed by you including lawyers, financial advisors, surveyors and property advisors.
- Details of the correspondence (including e-mail correspondence) you send and receive from us: this includes faxes, letters and emails, SMS, MMS and other electronic communication and may in some cases include audio recording of telephone conversations.
- Communications: enquiries, complaints and correspondence and other issues raised by you or us.
- Videos and photographs: which you or other people take and provide to us or we take ourselves or by third party photographers appointed by ourselves, usually where you feature in our marketing or promotional materials.
- 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 generally not collect, store and use any special category personal information in relation to you except to the extent we need to do so to comply with a legal obligation or you have given your consent or it relates to a dispute.
We will also generally not collect, store and use any criminal records information in relation to you except to the extent we are legally required to carry out money laundering or other checks relating to you or you have given your consent.
- SOURCES WE COLLECT YOUR INFORMATION FROM
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 in some other way or provide information to us directly in some other way.
- Third parties authorised by you; a family member, managing agents, letting agents, a business you work for 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 providers, the Land Registry and other providers of information.
- Portals and other web platforms: for example Rightmove, Zoopla, social media.
- 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.
- Uses made of YOUR PERSONAL information
The table below describes the main purposes for which we process your personal information, the main categories of your personal information involved and our main 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. Other lawful basis for processing your personal information may also apply in particular circumstances.
| Purpose | Personal information used | Lawful basis |
| 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 | Name, personal contact details and other identifiers, marketing preferences | We have a legitimate interest in marketing our properties and developments to you or your organisation in order to make new rentals or sales
You have requested that we send to you details of certain properties and/or developments. We also may have obtained your explicit consent |
| Carrying out any identity and money laundering checks and credit checks | Name, personal contact details and other identifiers, and identification documents, money laundering check information, financial information | We have a legitimate interest in making sure that we have correctly identified you and ensuring that we are likely to be paid
We may have a legal obligation to do so |
| 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 | All the personal information we collect | To be able to enter into, manage and perform our contract with you regarding your or your organisation’s property rental/purchase and we have a legitimate interest to enter into and perform the contract with your organisation |
| Dealing with and carrying out any fixtures and fittings options selected by you or your organisation in relation to the property(s) | Personal contact details, property details, options selected and payment and transaction information | 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 |
| Administering, performing and managing the contract we have entered into with you or your organisation 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) | All the personal information we collect about you | 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 |
| To manage our relationship with you or the organisation you represent and to manage and operate our business and internal reporting | All the personal information we collect about you | We have a legitimate interest to ensure that we operate efficiently and manage our business properly
To enter into and perform contracts with either yourself or the organisation that you represent |
| Dealing with and managing enquiries, defect rectification, complaints and other communications from you or your organisation or a third party and dealing with legal disputes and warranty claims involving you or your organisation or a third party | All the personal information we collect about you plus in some circumstances any special category personal information we may obtain about you | 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 We may process special category personal information to assess, defend or bring legal claims |
| 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 | All the personal information we collect about you | 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 |
| To conduct data analytics studies and customer satisfaction surveys to review, and better understand our customers and their retention, attrition and satisfaction level | Our customer records and any information you provide in response to our customer satisfaction surveys | We have a legitimate interest in order to improve as a company |
| Fraud, crime prevention and debt collection | All the personal information we collect | We have a legitimate interest to detect and prevent crime and to collect debts |
| To manage our relationship with you or the organisation you represent and to manage and operate our business and internal reporting | All the personal information we collect about you | We have a legitimate interest to ensure that we operate efficiently and manage our business properly
To enter into and perform contracts with either yourself or the organisation that you represent |
| To comply with our legal and regulatory obligations | All the personal information we collect about you plus any special category personal information or criminal records information we may obtain about you | We have a legal obligation to comply with legal requirements and we have a legitimate interest in complying with regulatory requirements
Where we process special category personal information or criminal records information we will do so to comply with our legal obligations or where you have provided your consent |
| Creating and storing records relating to you or the organisation you represent and also records relating to our business | All the personal information we collect about you | To be able to perform any contract with you or the organisation you represent, we may have a legal obligation to do so and we also have a legitimate interest to keep proper records |
| To ensure prevention of unauthorised access to our property | CCTV footage and other information obtained through electronic and manual means such as signing in records; | We have a legitimate interest in ensuring our buildings and systems are secure |
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 our 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 or carry out certain activities.
We may anonymise and aggregate any of the personal information we hold (so that it does not directly identify you). We may use anonymised and aggregated information for purposes that include testing our IT systems, research, data analysis, improving our site and developing new products and services.
- WHo we share your PERSONAL information with
We may 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, a third party you want us to provide a reference to.
- Other service providers and advisors to us: repair and maintenance contractors, marketing agencies, public relations agencies, banks, professional advisors including legal advisors and surveyors, and administration and IT service providers. 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 of a property.
- Guarantee providers: such as guarantee or warranty providers in relation to a 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 may provide third parties with aggregate statistical information and analytics about users of our products and services but we will make sure no one can be identified from this information before we disclose it.
We do not disclose personal information to anyone else except as set out above unless we have your consent or we are legally entitled to do so. We do not sell, rent or trade your data.
- 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 electronic marketing by clicking on the unsubscribe link in any written electronic marketing messages we send to you or letting us know during any marketing telephone call.
- 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 Economic Area.
Our staff and other individuals working for us may in limited circumstances access personal information outside of the UK and European Economic Area if they are on holiday abroad outside of the UK or European Economic Area. 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 “Who we share your personal information with” above may be located outside of the UK and European Economic Area. 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.
- 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 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 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 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.
- SECURITY
We have numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot, however, guarantee that these measures are, or will remain, adequate. We do, however, take data security very seriously and will use all reasonable endeavours to protect the integrity and security of the personal information we collect about you.
- 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 withdraw any consent given by you in relation to processing 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 at https://ico.org.uk/for-the-public/.
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.
We are here to help and encourage you to contact us in the first place to resolve any complaint. 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.
- 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.
- 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 31st January 2023
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
Balrach Limited
Calthorpe Developments Limited
Calthorpe Edgbaston Mill Limited
Calthorpe Estates Limited
Calthorpe Estates CF Nominee No 1 Limited
Calthorpe Estates CF Nominee No 2 Limited
Calthorpe Estates DS Nominee No 1 Limited
Calthorpe Estates DS Nominee No 2 Limited
Calthorpe Group Management Limited
Calthorpe Properties Limited
Calthorpe Property Company Limited
Edgbaston Estates Security Limited
Pebble Mill Investments Limited