in person via our office,
by means of social media such as Facebook, Twitter, LinkedIn
via Google and other search engine listings,
via our Website,
via third party websites (if appropriate),
via property portals such as www.rightmove.co.uk (hereafter “Portals”),
And, if adopted, by SMS, WhatsApp, live web chat
These are collectively known as our “Communication Channels”.
By engaging the services of Cavendish Residential or by visiting our Website you are accepting and consenting to the practices described in this Policy.
For the purpose of the Data Protection Act 1998 (the Act) and the General Data Protection Regulation (GDPR), the Data Controller is Cavendish Residential, Cavendish House, The Highway, Hawarden, CH5 3DH. Our registration number is Z7042112.
PERSONAL INFORMATION WE COLLECT FROM YOU
“Personal information” is any information that relates to you and identifies you personally, either alone or in combination with other information available to us.
We may collect and process the following personal information about you:
Information that you provide by:-
a. filling in forms on our Websites, third party websites and Portals which send information to us,
b. in person via our office,
c. via telephone calls, emails, SMS, WhatsApp, live web chat, and social media.
This information can include, but is not limited to, personal information (name, address, email address and telephone number); financial information that you disclose when agreeing to register as an applicant or enter in to a transactional relationship with us.
Information required to help us ensure our staff are safe when attending external appointments such as viewings and market appraisals; for example contact details for the client or customer, including a residential address in the UK.
Information required to comply with legislation such as Money Laundering Regulations (2007) if you are selling a property through us; and The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (more commonly referred to as the Money Laundering Regulations 2017) if you are buying and/or selling a property through us.
Information to enable us to tailor our marketing and communications to you, based on your personal preferences, such as the types of service you are looking for, the location of your search area, the budget you are willing to spend etc. (hereafter “Criteria”).
If you contact us, we may keep a record of that correspondence and ask for information if you report an issue with our services.
We may also ask you to complete surveys, either on our own Website, by mail or through a third party provider, which we use for research and marketing purposes; although you do not have to respond to them.
When you visit or otherwise access our Website, details including but not limited to:-
a. information about the device and browser (hereafter “Device”) you are using to access the Website e.g. type, version, operating system, etc.,
b. traffic data including the URL of the website that referred you to our Website if applicable
c. location data including geolocation (this can be explicitly controlled in your Device),
d. weblogs and other communication data,
e. the resources that you access including social media interaction.
f. your IP (Internet Protocol) address,
g. the date and time of the visit and how long you remained on our Website,
h. the pages visited on our Website and interactions performed,
You consent to any information concerning you which we collect and process being used, stored and processed in accordance with this Policy.
Cookies are small, often encrypted text files, located in browser directories. They are used by web developers to help users navigate their websites efficiently and perform certain functions.
Our Website uses a number of cookies to enhance the visitor experience. Continued use of our Website implies consent to cookies being stored on your computer.
Cookies used by our Website are listed below -
· First Party Cookies: These are specific to and created by our Website. In all cases these cookies do not store information of a personal or sensitive nature, or anything that makes you identifiable to us.
· Session ID: Our web server may create a session cookie which is essential to distinguish you from other users whilst on our Website. This will expire once you leave the site.
· Analytics: Our Website uses Google Analytics to understand how users find and use our Website, to monitor visitor behaviour and to help us to update and improve the Website. Google Analytics creates a number of cookies which we do not deem privacy intrusive.
· MailChimp: The email address that you submit will not be stored within our Website but will remain within MailChip’s database. The data may be used for email marketing.
· Third Party Cookies: These are created by an external service when you visit our Website. The data held can only be seen and managed by the third party and not by us. We do not have control over these cookies, only how they are integrated into the Website.
· Google Maps: Our Website uses embedded Google Maps to assist our customers in locating us and properties for sale. Google Maps creates a number of cookies which we do not deem privacy intrusive.
· Social Media: Our Website may use a range of widely-used third party social media plugins (such as from Facebook, Twitter and LinkedIn) to assist in the marketing of our Website and business. These plugins may insert cookies over which we have no direct control. If you have any concerns over this please refer to the cookie and privacy policies of the individual third parties concerned.
Information about cookies, how you can delete existing cookies off your hard drive and choose to block new cookies from our Website can be found by visiting http://www.allaboutcookies.org
Should you choose to block cookies, then some features on our Website might not work as expected.
LINKS TO OTHER WEBSITES
Our Website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this policy. You should exercise caution and look at the privacy statement applicable to the website in question.
DOWNLOADS AND MEDIA
Any downloadable documents, files, images, video files etc. on our Website are provided to you at your own risk. We take all reasonable precautions to ensure that such files are free of viruses but we recommend that you use anti-virus software as a precaution. We accept no responsibility for downloads and media provided by external third party websites.
HOW WE USE YOUR PERSONAL INFORMATION
· The personal information we collect when you first contact us will be used for identification and authentication purposes in addition to creating a profile for you with the information needed to provide you with our relevant products or services. We use and analyse this personal information where necessary for the following purposes detailed below:
· Improving our products and services: we will use your personal information to build a profile on you in order to understand your requirements, to improve our Website, as well as to personalise the properties and services we offer you. We process your personal information in this way as it is necessary for the purposes of our legitimate interests in providing better products and services for you and our other customers.
· Processing your transaction: we use relevant personal information described above (including your name, address and financial details) to enable us to complete a transaction with you, such as buying and/or selling a property through us. This information may be required to be passed on to directly associated companies (Cavendish Manley LLP, Cavendish Rentals Limited and/or Cavendish Management Limited, hereafter “Directly Associated Company/Companies”), third parties, including solicitors, surveyors, financial advisors etc.
· Preventing fraud: we will also use your personal information to assess your creditworthiness (in the case of buying a property) and to prevent fraud. For this purpose, we may need to share your personal information with, but not limited to, solicitors (see “how we share your personal information” below). This is necessary for the purposes of our legitimate interests in ensuring we are not the victim of fraud and to protect our legal rights.
· To provide customer support: if you contact our team (or vice versa), we will use personal information such as your email address, phone number and residential address as well as your contact history to process your request and provide you with the best service possible. We will process your personal information in this way if it is necessary for the performance of a contract or if it is required for us to comply with any legal obligations. If it is not necessary to process your personal data for either of these reasons we will process it as it is necessary for the purposes of our legitimate interests in ensuring we can provide the best service possible.
· Marketing: when you sign up to receive our newsletters (if appropriate), register as an applicant, enter in to a transaction with us, provide feedback on our service online or use our Website; we will use your personal information to create a profile based on the information we hold about you. This is necessary for the purposes of our legitimate interests in ensuring we have accurate information about you in one place. We create your profile in accordance with your preferences in order to provide you with the best personalised experience, to send you personalised marketing messages and newsletters and for opinion research purposes. Below you can find a more detailed description of the ways in which we will use your personal information for these purposes.
· Website user experience: We may show personalised content based upon your previous interactions with the Website.
What kind of information
The way you interact with us across all the different channels described above (e.g. our Website, social media and marketing messages we send you) and the information we collect in that regard from each of these channels provides us valuable information about your current circumstances and preferences. This insight gives us the opportunity to offer you the best customer service experience possible. To learn about you and your interests, we may analyse your interactions with us using various kinds of information, as set out above. If you have given us your consent to send you marketing communications or if we are permitted by law to send such communications without obtaining your consent, we use the information that you have provided to us when interacting with us for sending you personalised marketing messages about our products or services, events and promotions. In some instances, we will also aggregate your personal information with that of other individuals, to create comprehensive reports about how clients and customers use our products and services. This is necessary for the purposes of our legitimate interests in analysing our brand and determining how to improve our services.
What kind of channels (if appropriate)
We will send direct marketing communications to you via the channel you choose, such as post, email, phone, SMS, or social media. We ask for your consent, where required by applicable law, in order to use the contact details you have provided to us to send our personalised marketing communications.
What kind of messages
The messages we will send you will be personalised and tailored to your individual preferences and requirements. We use analytics in order to generate such personalised messages. These analytics will process your personal information and place you in marketing segments, which determine the content of the messages and the offers you will receive from us. These direct marketing messages may contain information about our products and services, events or promotions and other company (or Directly Associated Company/Companies) news. We personalise these messages on the basis of that it is necessary for the purposes of our legitimate interests in ensuring that we provide the most appropriate information. We may, in certain circumstances, also use the channels for opinion research (such as to ask if you would like to participate in a survey) and to learn about your experience and improve your experience with Cavendish Residential, including by sending you personalised messages.
Analysing our business
We will use your personal information (including by anonymising and aggregating it with other customers’ personal information) for sales and financial analysis purposes, to determine how Cavendish Residential is performing and where improvements can be made. This is necessary for the purposes of our legitimate interests in understanding how our business is performing, and considering how to improve our performance.
We will ask for your consent if we wish to use your personal information for purposes other than those listed in this privacy statement and as required to do so under applicable law. We will not use your personal information for other purposes before we have received such consent.
HOW WE SHARE YOUR PERSONAL INFORMATION
We treat your personal information with care and confidentiality and do not share it with third parties other than as set out below.
With Service Providers
Where required we may share limited personal information you provide when you register with us or enter in to a transaction with us, as necessary and only for the purposes and on the lawful grounds described above with various third parties who process your personal information on our behalf (Data Processors), such as;
· Third Parties with a legitimate interest in the sale/purchase transaction: Including but not limited to Solicitors/Conveyancers, Surveyors, Financial/Mortgage advisors, other estate agents in a chain, contractors and property maintenance services.
· Software and system providers including but not limited to: The Property Software Group, BriefYourMarket Limited, Infor (United Kingdom) Limited t/a Pegasus Software, Universal Transaction Processing Limited, ITLabs.
· Website Hosts and analytics platform providers including but limited to: Google Analytics, Google AdWords Remarketing & the Google Display Network.
We require that these service providers and other third parties adhere to strict rules when processing your personal information, including to only use your personal information in accordance with our specific instructions and the applicable laws.
With Legal and Law Enforcement
Cavendish Residential will disclose personal information where required by law or legal process, for the administration of justice, to protect your vital interest, for investigations by law enforcement or regulatory bodies, to protect and defend Cavendish Residential property and legal rights, to protect the personal safety of our Website users or by order of a valid injunction from a court or law enforcement agency.
In Relation to Business Interests
In the event that we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets.
If Cavendish Residential is or all of its assets are acquired by a third party, personal data held by us about our customers will be one of the transferred assets.
PERSONAL INFORMATION OF OTHERS
HOW LONG DO WE STORE YOUR INFORMATION FOR?
The length of time we hold your information for will vary dependent on lawful basis for collecting and processing the data.
Cavendish Residential will hold data supplied with consent, where there is a legitimate interest in doing so (such as where a client or customer has registered with us, expressing an interest in buying or selling a property through us) for a period of two years.
Where a transaction has been entered in to and there is a contractual necessity to do so, or where there is a requirement to comply with legal obligations (for example in order to comply with the requirement of the TPO Codes of Practice, to maintain clear and full written records of transactions for a period of six years and to comply with the Money Laundering Regulations 2017 requirement to hold records for a period of five years).
All digital information you provide to us is stored in the UK on our secure (password and firewall protected) servers and all paper based information is also securely stored in the UK. Any Website data collated into an email is sent over the Simple Mail Transfer Protocol (SMTP). Our SMTP servers are protected by TLS (sometimes known as SSL) meaning that the email content is encrypted using SHA-2, 256-bit cryptography before being sent across the internet. The email content is then decrypted by our local computers and devices. Unfortunately, the transmission of information via the internet is not completely secure and so we cannot guarantee the security of any data sent over the internet between your Device and our Website. Any such data transmission is at your own risk.
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access, as part of our secure backups and data disaster recovery procedures.
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or contractors. Territories outside of the EEA may not have equivalent legal protections to those that apply within the EEA but we are under a duty to make sure that our suppliers and contractors located outside of the EEA continue to take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
By submitting your personal data to us, you agree to this transfer, storing or processing.
You have the right to ask us not to process your personal data for marketing purposes, to alter your preferences for the type of marketing content you receive (such as properties for sale, information about related services etc.) or to alter the methods via which you receive marketing correspondence from us (i.e. via email, text, SMS, post or phone call). We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
You can also exercise the right to prevent such processing of your data at any time by contacting us at email@example.com.
ACCESS TO, DELETION, AND CORRECTION OF PERSONAL INFORMATION
You may contact us and we will be able to update your records on our data management systems – please let us know if the personal information which we hold about you needs to be corrected or updated.
If you would like to know what personal information Cavendish Residential holds about you, you may make a request to Cavendish Residential for copies of this information. You should be aware that we will need to see proof of identity before processing any such request (known as a ‘subject access request’). Should your request be manifestly unfounded or excessive, a charge will be made of £30.00 (Inclusive of VAT) for the administrative costs of complying with the request. Further copies of the data held will incur a fee based on the administrative costs of providing such copies.
If requested, Cavendish Residential will use reasonable efforts to supply, correct or delete information about you on file.
All subject access requests should be made in writing and addressed to for attention of The Data Controller, Cavendish Residential, Cavendish House, The Highway, Hawarden, CH5 3DH.
In addition, you may write to us at any time requesting amendments to certain personal information that you consider to be incorrect or irrelevant or to request that we block, erase or otherwise remove your personal information (The Right to Erasure/The Right to be Forgotten).
You may also write to us at any time to object to our use of your personal information or request that we provide your personal information in a usable electronic format and transmit to a third party (Right to Data Portability). We will comply with these requests in relation to your personal information in line with applicable law.
PERSONAL DATA BREACHES
In order to comply with applicable law, Cavendish Residential has implemented procedures to detect, report and investigate personal data breaches.
A data breach is defined by the Information Commissioner’s Office (ICO) as;
“A breach of security leading to the destruction, loss, alteration, unauthorised disclosure or, or access to, personal data.”
The ICO will be informed of all data breaches which present a high risk to our clients and customer’s rights and freedoms and in line with applicable law, a notifiable breach will be reported within 72 hours of us becoming aware of it. The individual(s) involved will also be informed.
CHANGES TO THIS POLICY
Cavendish Residential has pledged to adhere to the fundamental principles of privacy and data protection. We therefore regularly review our privacy statement in order to ensure that it is free of errors and clearly visible on our Website, that it contains appropriate information about your rights and our processing activities, and that it is implemented and is compliant with applicable law. If we make significant changes to this privacy statement, we will inform you by posting a notification on our Websites along with an updated version of the privacy statement.
THE RIGHT TO LODGE A COMPLAINT
If you have a complaint regarding how Cavendish Residential have handled your personal data, subject access request or right to erasure, you have a right to lodge a complaint with a supervisory authority, in this case the ICO, using the contact details below.
Information Commissioner’s Office
Alternatively you can write to: