Edward Mellor Limited Privacy Notice
This statement is provided with the intention to comply with your right to be informed under the General Data Protection Regulation. We have also considered your rights under the Privacy and Electronic Communications Regulations.
We may hold and process the following information:
- Estate Agency, Auction, and Chartered Surveyor departments – Your personal and contact details, including your name, address, telephone numbers, emails. We may also hold information provided by you relating to your financial ability to purchase property.
- Property Management department – As detailed in 1 but also employment information.
- Financial Services department – As detailed in 2 but also may include sensitive information about health and financial position.
- All of our telephone calls with you will be recorded, which is done for training and monitoring purposes and to assist in resolving disputes. Call data is not processed for any other separate purpose and is securely held, with restricted access to recordings.
We are the controller and we are also the processor of this information. This data has been gathered with your consent from your previous giving of this information, your receipt of marketing communications from us, and/or your purchase or interest in our products and services.
You can email our Data Protection Officer at [email protected].
Your data will be used to help you in your property transaction or related financial services and to help us to continue to provide you with details and information relating to our products and services. This is done on the basis that there is a legitimate interest in us maintaining this contact or by your continued consent. Should you withdraw your consent, your data will then be retained and added to our ‘Unsubscribed User’ lists so that we are aware to no longer provide you with details and information relating to our products and services.
The recipients of your data are us and we anticipate that we may need to share personal data with third parties only in the interests of facilitating your property or financial services transaction. It is not anticipated that there will be any transfers of data to a non-EU country. Accordingly, it is considered that safeguards for the transfer of data to a third country are not necessary. Should this change you will be notified.
Your data will be kept until such time that you request you no longer wish for us to provide you with details and information relating to our products and services and for a further period thereafter of 15 years. This period has been set for the protection of our organisation in the event of any complaint or claim for breach of contract or professional negligence claim. If such a claim has been filed, the data will be retained for a period of 15 years following resolution of that claim and for 15 years following the resolution of any further claims. This period has been determined for the protection of the organisation in the event any professional negligence or breach of contract claims in the event we use representation to defend any claims.
You have the right to be informed of fair processing information with a view to transparency of data. This statement is intended to fulfil that right.
You have the right to access the information we hold. You should make such a request in writing to our Data Protection Officer using the above contact information. We shall provide the data within 1 month. In exceptional cases we may extend this to 3 months. You will be notified within 1 month when we believe this to be an exceptional case requiring a longer period of compliance. Where a request is manifestly unfounded or excessive we may charge a reasonable fee or refuse the request. In the event of a fee or refusal, you will be advised of this and your further rights relating to the fee or refusal.
You have the right to request the information we hold is rectified if it is inaccurate or incomplete. You should contact our Data Protection Officer using the above contact information and provide him with the details of any inaccurate or incomplete data. We will then ensure that this is amended within one month. We may, in complex cases, extend this period to two months.
You have the right to erasure in the form of deletion or removal of personal data where there is no compelling reason for its continued processing. We have the right to refuse to erase data where this is necessary in the right of freedom of expression and information, to comply with a legal obligation, for the performance of a public interest task, exercise of an official authority, for public health purposes in the public interest, for archiving purposes in the public interest, scientific research, historical research, statistical purposes or the exercise or defence of legal claims. You will be advised of the grounds of our refusal should any such request be refused.
You have the right to restrict our processing of your data where you contest the accuracy of the data until the accuracy is verified. You have the right to restrict our processing of your data where you object to the processing (where it was necessary for the performance of a public interest task or purpose of legitimate interests), and we are considering whether our organisation’s legitimate grounds override your interests. You have the right to restrict our processing of your data when processing is unlawful and you oppose erasure and request restriction instead. You have the right to restrict our processing of your data where we no longer need the data and you require the data to establish, exercise or defend a legal claim. You will be advised when we lift a restriction on processing.
You have the right to data portability in that you may obtain and reuse your data for your own purposes across different services, from one IT environment to another in a safe and secure way, without hindrance to usability. The exact method will change from time to time. You will be informed of the mechanism that may be in place should you choose to exercise this right.
Whilst there is no anticipated automated decision making relating to the data you provide, you have rights where there is automated decision making including profiling. We may only do this where it is necessary for the entry into or performance of a contract, authorised by EU or the UK law or based on your explicit consent. Whilst it is not anticipated that this will occur, where it does, we will give you information about this processing, introduce to you simple ways for you to request human intervention or challenge a decision, and carry out regular checks to ensure that our systems are working as intended.
You have the right to withdraw your consent at any time.
You have the right to lodge a complaint with a supervisory authority such as the Information Commissioner’s Office or any other of our regulators or accreditors that may regulate or provide accreditations to us from time to time. We advise that you exhaust our internal complaints procedure prior to referring the matter to any supervisory, regulatory or accrediting body. A copy of our complaints process is available from our Data Protection Officer at the contact information above.
We will share Your personal information with third parties where required by law, where it is necessary to administer the working relationship with You, or where we have another legitimate interest in doing so.
”Third parties” includes third-party service providers (contractors and designated agents) who will facilitate your property or financial services transaction, such as:
- Conveyancing partners where you have agreed to be referred to them.
- Other conveyancing businesses in the necessary course of your house purchase or sale.
- Other professional services such as Structural Engineers, Damp Experts, Timber Experts, or Chartered Surveyors to facilitate your property or financial services transaction and where you have given us consent to this.
- Tenant referencing agencies in order to fulfil your application to rent a property.
- The Deposit Protection Service to secure your deposit.
- Local Authorities to fulfil our legal obligation to register new tenants for Council Tax.
- Tradesmen to fulfil our duties to tenants and landlords in the maintenance of their properties.
- Openwork, Zurich and Together Finance to further your applications for mortgages, insurances or other financial services in order to fulfil our contractual agreements with you or to further your property or financial services transaction.
- Salesforce Marketing Cloud to manage our database to enable us to maintain contact with you either for contractual reasons or legitimate interest. Salesforce terms of service and privacy are available here https://www.salesforce.com/company/legal/
All our third-party service providers are required to take appropriate security measures to protect Your personal information in line with our policies. We do not allow our third-party service providers to use Your personal data for their own purposes. We only permit them to process Your personal data for specified purposes and in accordance with our instructions.
We may also need to share Your personal information with a regulator or to otherwise comply with the law.
We reserve the right to update this privacy notice at any time, and we will provide You with a new privacy notice when we make any substantial updates. We may also notify You in other ways from time to time about the processing of your personal information.