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Privacy Policy

We have developed this policy so that you can feel confident about the privacy and security of the personal information that you provide to us.

In Brief

Nigel Errington-Smith & Company Limited and Nigel Errington-Smith & Company (Lettings) Limited comply with and are registered under the Data Protection Act 1998 in the United Kingdom. We take all reasonable care to prevent any unauthorised access to and use of your personal data.

Our staff and those working with us maintain a responsibility to keep your information confidential and will only use it to offer relevant products and services related to your enquiry.

You don’t have to register to access this website, however, we want to help you find exactly what you require as quickly and smoothly as possible. Therefore for this reason we encourage you to register with us. Once registered, we are in a better position to recommend specific properties or services that are more relevant to you.

Any personal details that we use to provide or promote our products and services to you will not be passed to any third party organisation for marketing purposes without your permission and will not be used by us for any purpose other than that which you requested.

The internet is not a secure medium. However, to protect your data, we have put in place various security procedures including the use of firewalls, backup measures, we limit access to data to relevant personnel and password protect all machinery holding personal data.

If any of the information that you provide to us changes or your circumstances change, please let us know.

Table of Contents

   Who collects my information?

   How is my information collected?

   What information is collected?

   Why is this information collected?

   How long is this information kept?

   Where is the information kept?

   Your Rights

Who collects my information?

Errington Smith Town and Village Properties is an independent estate agent, letting agent and property management company registered in England and Wales as Nigel Errington-Smith & Company Limited and Nigel Errington-Smith & Company (Lettings) Limited at 107 Promenade, Cheltenham, Gloucestershire, GL50 1NW. We will be collecting and processing your data either directly or via employed data processors and/or third parties.

You can contact us (“Data Controller”) in writing at Errington Smith Town and Village Properties, 107 Promenade, Cheltenham, Gloucestershire, GL50 1NW or by sending an email to [email protected] if you have any questions regarding this Privacy Policy.

How is my information collected?

We collect data from you either directly such as telephonically, personally or digitally, or indirectly via third parties employed by us to provide a specific service. We also collect data through “cookies”.

Direct

When you contact us by post, telephone, email, our website, in person or arrange a meeting at your home or another location, we may record and store relevant personal information in order to provide you with a service you have requested such as a property sale, information, search, purchase, rental or management.

Indirect

We employ third party data controllers and data processors such as Rightmove, Zoopla, Primelocation, Information Works, ValPal and/or other property search portals or direct marketing data providers to populate information about you in order that we may offer you a service such as a property sale, search, information, purchase, rental or management. These third party providers have a duty by law to take appropriate measures in ensuring the necessary consent has been obtained as well as safeguarding your data.

We also collect information about you through solicitors, other estate agents, mortgage providers, referencing companies, insurance providers etc. (this is not an exhaustive list) who are legally obligated to have measures in place regarding the safekeeping and processing of your data. For more information relating to a specific data origin, please email [email protected] or write to us at Errington Smith Town and Village Properties, 107 Promenade, Cheltenham, Gloucestershire, GL50 1NW. If you feel that the appropriate measures have not been followed, please raise the matter with either ourselves or directly with the ICO

Cookies

To make your experience visiting our website as simple as possible we place small data files known as “cookies” on your computer. For more information please see our Cookie Policy.

What information is collected?

We will collect information from you either directly or indirectly through a third party, however, we only collect Sensitive Personal Information in relation to safety precautions we have put in place to help protect our staff, clients, prospective buyers and tenants, buyers, tenants and contactors as a result of the guidance we have received relating to Coronovirus (Covid 19). We also do not knowingly collect information from children under the age of 16 years old.

Direct

The type of transaction that is taking place will determine the information we collect. Examples of the type of information you will be requested to provide directly would be name, contact information, identification, locating information, profiling information, practical information, timeline information, proof of address, financial information and residential status, etc.

Indirect

The type of service we are providing to you will determine what information we collect from third parties. It will however, in general, be information such as names, contact information, locating information, practical or timeline information, IP address, web browsing history, property ownership information or financial information.

Cookies

Please see our Cookie Policy for more information.

What is Sensitive Personal Information?

This refers to personal data consisting of information such as:

  • Race or ethnic origin
  • Political opinions
  • Religious beliefs or beliefs of a similar nature
  • Trade Union membership (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992)
  • Physical health, or mental condition
  • Sexual life
  • Commission or alleged commission of any offence
  • Any proceedings for any offence committed or alleged to have been committed and the disposal of such proceedings or the sentence of any court in such proceedings.

Why is this information collected?

We have a responsibility to fairly, competently and lawfully process client data in a transparent manner that is specific, adequate and relevant to the task at hand. There are various lawful bases for processing data that are set out in Article 6 of the General Data Protection Regulation (GDPR).

Consent

This is where you have given us or a third party clear consent to process your personal data for a specific reason such as marketing purposes or additional services.

Contract

This is where the processing of your data is necessary for a request to be fulfilled such as a property search or valuation, a legal contract you are entering into either with ourselves or a third party such as a buyer, seller, tenant or landlord, or specific conditions need to be met before a contract can be entered into such as referencing companies, solicitors, insurance companies, mortgage companies or other property related contractors (energy assessors, gas engineers, inventory clerks, etc.)

Legal Obligation

The processing of your information is necessary for us to comply with statutory law such as Money Laundering Regulations, Gas Regulations etc.

Legitimate Interests

The processing of your data is necessary for the legitimate interests of the organisation or third party organisations in order to provide certain services to you for example: data collected through third parties such as contact details for marketing purposes, your browsing habits online or your IP address and location.

We have set out below a table showing the main purposes for which we process personal data, the legal basis for that processing and the categories of data subject to which those purposes relate:

Data Subject Purpose of Processing Legal basis for processing
Clients Assessing applications for and providing our products and services to our clients For the purpose of performing a contract with you.
Suppliers Receiving services from our suppliers For the purpose of performing a contract with you.
Buyers and prospective tenants who are not clients Providing you with e-mail updates about properties available to buy or rent Consent given when you have registered with us to receive property information from us
Buyers, sellers, tenants, landlords, referencing companies, solicitors, insurance companies, mortgage companies or other property related contractors (energy assessors, gas engineers, inventory clerks, etc.). Where you are not party to the contract with us, but are involved in the delivery or receipt of the services to our clients or from our suppliers It is in our legitimate interest to process your data for the purpose of performing our contracts with our clients or suppliers.
Clients, suppliers, buyers, sellers, tenants, landlords, referencing companies, solicitors, insurance companies, mortgage companies or other property related contractors (energy assessors, gas engineers, inventory clerks, etc.). Developing relationships and business opportunities It is in our legitimate interests to develop and grow our business
Clients, suppliers, buyers, sellers, tenants or landlords Protect against fraud and credit risk It is in our legitimate interests to protect against fraud and credit risk
Clients, suppliers, buyers, sellers, tenants, landlords, referencing companies, solicitors, insurance companies, mortgage companies or other property related contractors (energy assessors, gas engineers, inventory clerks, etc.). Provide, administer and communicate with you about our products, services, offers, programs and promotions It is in our legitimate interests to direct market to you.
We will not send you general marketing e-mails unless you have consented to be contacted in this way
Clients, suppliers, buyers, sellers, tenants or landlords and visitors to our website Operate, monitor, evaluate and improve our products, services and website It is in our legitimate interests to improve our services
Job applicants Evaluate your interest in employment and contact you regarding possible employment opportunities It is in our legitimate interests to recruit new employees to sustain and grow our business

 

How long is this information kept?

We will retain your personal information no longer than is necessary and only for the purpose it is intended for. The periods will depend on why the information is collected and stored. Any personal information no longer needed, will be responsibly destroyed to reduce the risk of compromise.

Where your personal information is kept as part of a file relating to the performance of a contract with one of our clients or suppliers, we will retain that information and any information relating to that contract in accordance with our file retention policy following completion of that contract(s) so that we can review the file if any complaints or issues arise after completion of the contract. The length of time that we keep client files will depend on the nature of the Services provided, and we would not usually retain a file for more than 7 years after conclusion of the matter

Where your information is stored in our contacts database but is not kept in a client or supplier file, we carry out a review of our contacts database every 2 years when we consider whether or not we still have a legitimate interest to keep your contact information. Where we consider that we no longer have a legitimate interest to keep your contact information we will delete it.

Where is the information kept?

We have various methods of securely storing your data, details of which are as follows;

Premises

We store your information either on file, in designated notebooks, receipted post and on our computers, iPads or mobile devices. We safeguard your data with lockable cabinets, safety cabinets, lockable offices and password protected and/or encrypted computers/devices.

Off-Site

We have off-site archive storage facilities at AVM Storage and Shipping that are locked at all times and access is by our request only. We may also have your data on us personally during our working hours or after hours from time to time where appropriate and necessary such as viewing attendance or the safekeeping of data back-up tapes.

Software Packages

We have various password protected software packages where we store your information such as our client management database (Dezrez), our property management database (CFP) or Microsoft packages such as Office Suite.

Cloud Storage Facilities

We use various reputable third party service providers to store personal information such as cloud based databases or servers which are encrypted, password protected and in compliance with data processing regulations.

Third Parties

We instruct third party contractors such as cleaners, energy assessors, gas engineers and inventory clerks etc. to complete certain tasks in order to provide the required service to you. They may, as part of that process, need your personal information such as contact details or access details in order to complete their task. They have an obligation as a Data Processor to safeguard and destroy your data as and when is appropriate.

We will also share your data with other Data Controllers such as solicitors, estate agents, utility companies, referencing companies, insurance companies, finance companies, deposit protection agencies etc. to complete certain tasks or requests for legal, contractual or legitimate reasons. They have an obligation as a Data Controller to safeguard and destroy your data as and when is appropriate.

We may also share your data in the event of a merger, sale, restructure, acquisition, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock.

We will not share your data with any third parties outside of the European Union without your explicit consent.

Your Rights

Subject to some restrictions posed on certain rights, your rights in relation to the information held by us is as follows;

Subject Access Request

You have a right to request, in writing, a copy of the information we hold about you. The information you may request is whether your data is being processed, the description of that personal data, the reasons for process and whether it will be given to other organisations. You may also request the source of that data (where available). If the request is excessive or repetitive, we reserve the right to charge a reasonable fee or refuse to provide it.

Subject to Exceptions, you may request the information you provided to be ported to a third party. You may also request in writing for any information we hold about you, which is not necessary for legal or contractual purposes and no longer relevant for processing, to be deleted or no longer processed.

Object To Processing

You have the right to object to us unnecessarily processing your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Preventing Direct Marketing

You can at any time give written notice to stop sending you any direct marketing material such as available property notifications or newsletters.

Automated Decision Making

If any decision is made about you based on personal information you provide by automated means, you have the right to object, be informed, or request reconsideration before a decision is made based on that information. We as a company do not process data by automated means, however we may use third parties such as our referencing company who would.

Correcting Inaccurate Data

You have the right to accurate data being held about you. Where there is a failure to rectify inaccurate data held by a Data Controller, you have the right to apply to the court in order to rectify, block, erase or destroy inaccurate information.

Request to Transfer

You have the right to the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdrawal of Consent

If we are processing your personal information on the basis that you have given your consent to us processing that personal information, you have a right to withdraw your consent at any time by using the “Contact Us” option on our website or let us know in writing, by email or by telephone.

Compensation

If you have suffered loss or damage due to a breach of the Regulation that the Data Controller has not remedied, you have a right to claim compensation via the courts.

If you would like to exercise any of your rights, you may do so in writing to Errington Smith Town and Village Properties at 107 Promenade, Cheltenham, GL50 1NW or on email to [email protected].

Exceptions

We can demonstrate that you are not identifiable by the data we hold.

Your right to obtain a copy of the data processed shall adversely affect the rights and freedoms of others.

There are other legal or overriding legitimate grounds for the processing or storing of your data.

Where your data has been made public and we are obliged to erase the personal data we, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure of any links to, or copy or replication of, that personal data.

Article 77 of the GDPR stipulates that you also have the right to lodge a complaint with a supervisory authority. The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights in the public interest, the contact details of which are available here.

The above rights are provided in summary form only and certain conditions apply to many of these rights. If you would like to read the legislation pertaining to your rights as well as any limiting factors contained in Articles 12 to 22 and 34 of the General Data Protection Regulation, you can find a link here.

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