At Threshold Property Management we are committed to your privacy. There are some changes to Data Protection law. This means that you’ll have more control over the data we hold. As always we make sure we process, store and share your information safely and securely. It is important that everyone understands how we will use your personal information and how it is protected.
This Privacy Notice explains:
- You have a number of Rights as to how we use your personal identifiable information.
- How we access your personal identifiable information.
- How we collect your personal information.
- The types of information collected and held.
- How we use the information.
- How we share your personal data.
- How we keep your personal information stored.
- The legal basis for collecting and holding your personal information.
- How long we keep your information.
- How we keep your information secure.
- Request that your personal identifiable information is correct should you believe it is incorrect, incomplete or inaccurate.
- If Threshold Property is relying on legitimate interests as the legal basis for processing and you object to this processing and there is no overriding compelling ground which enables us continue with the processing.
- If the personal information has been processed unlawfully (i.e. in breach of the requirements of the data protection legislation)
- If it is necessary to delete the personal information to comply with a legal obligation
Personal information is any information that tells us information about you. This may include contact details, email, phone numbers, address’s, bank details, National Insurance Number, previous address’s, date of birth, where you work or other information that may identify you.
Some information is classified as “special data” under the Data Protection Legislation”. This includes health issues, racial or ethnic origin, religious beliefs, political opinions or sexual orientations. Under what is classed as special data, we do not collect this information as it is not required.
We never ask for personal data related to your racial or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership, genetic data or data concerning your sex orientation unless required by Law, however should you either impart this or make us aware, especially due to health issues, we are under an obligation to have further justifications to collect or hold this information. There are also additional restrictions and circumstances in which we are allowed to use this information, especially relating to any criminality or use for criminal convictions.
This notice is to inform you of what we do with your information, why it is required, how we store it, who it may be shared with and covers the information that could identify you and information that could not identify you. The controller is responsible for ensuring that the data processor is aware of exactly what they are to do with the data. As an example: make it clear that a contractor has contact details for you and can only use this data for the purpose of effecting a repair. The controller is also required to record data processing and the data given to a processor. The controller is also charged with keeping information up to date.
We also act as data processors. A processor of information is someone whom has your data/information. This is usually provided by you, but will also include from referencing companies, credit agencies, previous agents or landlords and suppliers, employers, colleges, universities, information you have put on social media/the internet. The processor will use this data for the required purpose/purposes, service suppliers and Council Tax. These entities will also be bound by the same legislation and will act as processors and also data controllers. For examples: “You have given you mortgage brokers details to us for contacting them, a data processor will make contact with the broker. You have provided us with your previous letting agents so we can obtain a reference from them”.
The data we collect has to be identified so you are aware of why it is being collected and for what purposes. The information needs to be adequate for the purpose and part of fair processing is not keeping it longer than needed (retention policy).
1. BASIS FOR PROCESSING YOUR PERSONAL INFORMATION
There are six different lawful basis for processing:
- We must have your consent. You give us this information. For example: Usually by way of completing an application or giving us your contact details, especially via websites.
- Contractual fulfilment. For example: It is necessary we/your landlord has a gas safety inspection carried out as one of the landlord’s legal obligations or you report a repair. We will pass your contact details to the contractor/s.
- Compliance with the Law. For example: Check your status with the Home Office, or Council Tax/HMRC.
- Legitimate interest. For example: The landlord requests ex-tenants information to claim unpaid rent.
- Protecting the vital interests of the person we hold data on. For example: We find a tenant collapsed on the floor and contact the ambulance. We inform the authorities that the tenant has previously suffered from a heart attack.
- Public interest or official function. For example: A tenant vacates and the Police contact us for information we hold to allow them to continue their investigations.
2. HOW LONG DO WE KEEP YOUR INFORMATION
The period for which we will keep your personal information will depend on the type of service you have requested from us. The retention period may be longer than the period for which we are providing services to you where we have statutory or regulatory obligations to retain personal information for a longer period, or where we may need to retain the information in case of a legal claim. For instance, most of client’s information is kept for the duration of the contractual relationship and 10 years after the end of the contractual relationship. Example reasons: Council Tax can request information from previous years without time limits. HMRC can request information for six previous tax years plus current year.
- For prospects, information is kept 2 years. For example: You have requested we look for a property/properties you wish to buy or rent in the future.
- For appointments and meetings. For example: Diary system either paper or digital. Diary system will be kept for the lifespan of the diary. Digital will be 2 years.
3. INFORMATION WE COLLECT SHOULD YOU REQUIRE US TO CALL YOU CONCERNING SOMETHING THAT MAY BE OF INTEREST IN THE FUTURE OR PROPERTIES COMING AVAILABLE.
- This may be via our website, websites we advertise on, over the phone, in person, or electronically requested.
- Your name, phone number and email details. This is for our employees, so we can contact you.
- Please note that should you call us for an appointment, this will be recorded for the specific appointment. Should you further require us to contact you following this for other reasons, such as similar properties, or for us to make further appointments, you must confirm this to us in written format (give consent).
4. SPECIFIC CASES OF PERSONAL DATA COLLECTION, INCLUDING INDIRECT COLLECTION
- In certain circumstances, we may collect and use personal data of individuals with whom we have, could have, or used to have a direct relationship such as:
- For some reasons, we may also collect information about you whereas you have no direct relationship with us, but a company we deal with. For example: Previous landlord reference.
- This may also happen for instance when your employer provides us with information about you or your contact details are provided by one of our clients if you are for example:
- Family members.
- Co-borrowers, cohabitees, guarantors.
- Legal representatives (power of attorney).
- Beneficiaries of payment transactions made by our clients;
- Beneficiaries of insurance policies and trusts, landlords.
- Ultimate beneficial owners.
- Clients‘ debtors. For example: In case of bankruptcy.
- Company shareholders.
- Company Directors.
- Representatives of a legal entity (which may be a client or a vendor);
- Staff of service provider and commercial partners.
5. WHY AND ON WHICH BASIS DO WE USE YOUR PERSONAL DATA
To comply with our legal and regulatory obligations
- We use your personal data to comply with various legal and regulatory obligations, including:
- Real estate and lettings regulations.
- Banking and financial regulations in compliance with which we: set up security measures in order to prevent abuse and fraud.
- Detect transactions which deviate from the normal patterns.
- Monitor and report risks that institution could incur; and record, when necessary, phone calls, chats, email, etc.
- Reply to an official request from a duly authorised public or judicial authority.
- Prevention of money-laundering and financing of terrorism.
- Compliance with legislation relating to sanctions and embargoes.
- Fight against tax fraud and fulfilment of tax control and notification obligations.
- To perform a contract with you or to take steps at your request before entering into a contract
- We use your personal data to enter into and perform our contracts, including to:
- Provide you with information regarding our products and services.
- Assist you and answer your requests.
- Evaluate if we can offer you a product or service and under which conditions; and
- Provide products or services to our clients of whom you are an employee or a client to fulfil our legitimate interest
- We use your personal data in order to deploy and develop our products or services, to improve our risk management and to defend our legal rights, including:
- Proof of transactions.
- Fraud prevention.
- IT management, including infrastructure management. For example: Shared platforms and business continuity and IT security.
- Establishing individual statistical models, based on the analysis of transactions, for instance in order to help define your credit risk score;
- Establishing aggregated statistics, tests and models, for research and development, in order to improve the risk management of the company or in order to improve existing products and services or create new ones.
- Training of our staff should we have recorded phone systems installed. (You would be informed of this should we install such)
- Personalising our offering to you and that of other entities.
- Improving the quality of our products or services.
- Advertising products or services that match with your situation and profile which we achieve.
This can be achieved by:
- Segmenting our prospects and clients.
- Analysing your habits and preferences in the various channels. For example:
- Emails or messages, visits to our website, etc.
- Matching the products or services that you already hold or use with other data we hold about you and monitoring transactions to identify those which deviate from the normal routine.
- Your data may be aggregated into anonymised statistics that may be offered to professional clients to assist them in developing their business. In this case your personal data will never be disclosed and those receiving these anonymised statistics will be unable to ascertain your identity.
- To respect your choice if we requested your consent for a specific processing
- In some cases, we must require your consent to process your data, for example:
- Where the above purposes lead to automated decision-making, which produces legal effects or which significantly affects you. At that point, we will inform you separately about the logic involved, as well as the significance and the envisaged consequences of such processing.
- If we need to carry out further processing for purposes other than those above in section 4, we will inform you and, where necessary, obtain your consent.
6. WHAT HAPPENS IF YOU DO NOT PROVIDE THE INFORMATION WE REQUEST
We need some of your personal information to perform the services you have requested from us. For examples:
- Where we are selling a property on your behalf we need to know your contact information so that we can update you with information on viewings, offers and the progress of the sale.
- Where you have asked us to find you a property which meets certain access requirements, we may need to know some further details about your particular circumstances so that we can find you a suitable property.
- We also need some information so that we can comply with our legal obligations. For example, we may need identity documents from you to meet our obligations to prevent fraud and money laundering. We ensure access to personal information is restricted to Threshold employees and workers or other persons working within Threshold on a need to know basis. Training is provided to any of those Threshold employees and workers who need access to personal information.
If you do not provide the information required for these purposes, we will not be able to perform our contract with you and may not be able to provide services to you or continue to provide certain services to you. We will explain when this is the case at the point where we collect information from you.
7. HOW DO WE KEEP YOUR INFORMATION SECURE
The security of information is very important to us and we have measures in place which are designed to prevent unauthorised access to your personal information including but not limited to:
- Our client files are stored on our secure client management systems. Access is restricted on our client systems to those within the business who are required to have access to your information for legitimate business purposes. These systems are password security coded.
- Hard copy documentation is stored in locked cabinets or behind locked gates or locked doors when the offices are closed.
- Our computer back-ups are password protected and kept within the EU.
- Our servers are password coded.
- Hard copy documents to destroy are either incinerated or shredded (cross shredded).
- Should we utilise cloud based storage, it will be within the EU and password protected.
8. WHO DO WE SHARE YOUR PERSONAL DATA WITH
In order to fulfil the aforementioned purposes, we only disclose your personal data to:
RLA referencing, Government offices, Home Let, NLA referencing, Equuifax, Experian, Clearscore, No Letting Go, Rent5Sure referencing, Rentguard, The House Shop. For example: To check your credit worthiness and if you can benefit from our full range of these groups products and services.
Service providers which perform services on our behalf. For example: Insurance products.
Independent agents, solicitor’s, barristers, intermediaries or brokers, banking and commercial partners, with which we have regular relationship.
Financial or judicial authorities, arbitrators and mediators, state agencies or public bodies, upon request and to the extent permitted by law.
Guarantors where you have given their details to us. For example: You are in rent arrears and we have contacted your guarantor under their legal obligations to guarantee you.
Certain regulated professionals such as notaries or auditors, deposit schemes or deposit replacement schemes.
9. YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION
You have a number of rights in relation to your personal information, these include the right to
Be informed about how we use your personal information
Obtain access to your personal information that we hold
Request that your personal information is corrected if you believe it is incorrect, incomplete or inaccurate
Request that we erase your personal information in the following circumstances:
- If Threshold is continuing to process personal information beyond the period when it is necessary to do so for the purpose for which it was originally collected
- If Threshold is relying on consent as the legal basis for processing and you withdraw consent
- If Threshold is relying on legitimate interests as the legal basis for processing and you object to this processing and there is no overriding compelling ground which enables us continue with the processing
- If the personal information has been processed unlawfully (i.e. in breach of the requirements of the data protection legislation)
- If it is necessary to delete the personal information to comply with a legal obligation
- Ask us to restrict our data processing activities where you consider that:
- Personal information is inaccurate
- Our processing of your personal information is unlawful
- Where we no longer need the personal information but you require us to keep it to enable you to establish, exercise or defend a legal claim
- Where you have raised an objection to our use of your personal information
- Request a copy of certain personal information that you have provided to us in a commonly used electronic format. This right relates to personal information that you have provided to us that we need in order to perform our agreement with you and personal information where we are relying on consent to process your personal information
- Object to our processing of your personal information where we are relying on legitimate interests or exercise of a public interest task to make the processing lawful. If you raise an objection we will carry out an assessment to determine whether we have an overriding legitimate ground which entitles us to continue to process your personal information; and
- Not be subject to wholly automated decisions which produce legal effects or which could have a similarly significant effect on you. If you would like to exercise any of your rights please contact
10. BUY SELL RENT
If you are selling letting, renting, or letting a property we are dealing with, Threshold will collect telephone numbers, email address and any other means of contacting you we have been given.
We will require details off you that prove you are the owner/have the legal right to sell/rent/let a property. This will include probate. We may need details of solicitors, accountants and any parties that can confirm you are legally responsible and your ability to instruct agents.
We are required to ascertain your identity, how you have received funds you may be using to buy.
We will require your bank details or your company’s. We will require Ltd Company or Partnership information when dealing with such entities and personal addresses. PO Box addresses are not accepted by HMRC.
For Companies and individuals such as landlords, we will require information about the controllers, processors and beneficiaries of the entity.
Some information collected is for Anti-Money laundering and counter terrorism financial information purposes.
We will require access information if you are selling, requiring a valuation or letting.
We will require information to source property for you and carry out negotiations.
As a tenant, we will require emergency information in case we need to contact next of kin or someone you have given us details for to contact in such circumstances, or for your urgent attention.
11. PROPERTY MANAGEMENT
Where we are engaged to carry out property management. We will require other information, especially for third parties such as boiler service contracts, leaseholders or insurers so we can fulfil management obligations and give advice as required.
12. HOW WE USE YOUR PERSONAL INFORMATION
- For employment-related purposes
- Where we need information to perform the contract we have entered into with you
- Where we need to comply with a legal obligation
- Where the processing is necessary for us to carry out activities for which it is in our interests, or those of a third parties, to do so and provided that your interests and fundamental rights do not override those interests, including:
- Processing that is necessary for us to promote our business, brands and products and measure the reach and effectiveness of our campaigns. – this may include sending you marketing information from time to time after you have engaged us to provide services or received services from us or our providers, which may be similar and of interest to you or where you have expressly indicated that you would like to receive such information. You have the right to opt out of receiving this information at any time.
- Processing that is necessary to improve our knowledge of the real estate sector – this will include undertaking market analysis and research so that we better understand trends in the property sector and provide better knowledge along with more tailored and relevant services for our customers in the future.
- Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively. For example: To verify the accuracy of information that we hold about you and create a better understanding of you as a customer, processing for administrative efficiency purposes such as where we outsource certain administrative functions to third parties who are specialise in such services, processing for network and information security purposes. Also in order for us to take steps to protect your information against loss, damage, theft or unauthorised access or to comply with a request from you in connection with the exercise of any of your rights outlined below.
- In more limited circumstances we may also rely on the following legal bases
- Where we need to protect your interests or someone else’s interests and/or where
- Where it is needed in the public interest or for official purposes.
- Lenders and brokers may also information so as to secure funding for you.
- We may process special categories of personal information and criminal conviction information in the following limited circumstances, but only with your explicit consent, in which case we will explain the purpose for which the information will be used at the point where we ask for your consent.
- Under the Data Processing Regulations, we are permitted to use your personal data if we have a legal basis.
13. OTHER USES OF YOUR PERSONAL INFORMATION
We may sell or integrate our business. At such time your data may be disclosed to advisors or prospective purchasers. Should this be the case, such businesses will only be permitted to use your information on the same basis.
Information can be shared with government offices, regulators, courts, arbitrators and Housing Associations. In order to comply with our legal obligations.
Third party processors are used as previously stated such as IT providers. For example when our system requires maintenance, or when properties are advertised on the internet.
14. TRANSFERS OF PERSONAL DATA OUTSIDE THE EEA
In case of international transfers originating from the European Economic Area (EEA), where the European Commission has recognised a non-EEA country as providing an adequate level of data protection, your personal data may be transferred on this basis.
For transfers to non-EEA countries whose level of protection has not been recognised by the European Commission, we will either rely on a derogation applicable to the specific situation (e.g. if the transfer is necessary to perform our contract with you such as when making an international payment) or implement one of the following safeguards to ensure the protection of your personal data.
Standard contractual clauses approved by the European Commission.
Binding corporate rules.
Transfer to organisations that are part of the Privacy Shield. For example: International transfer of money to a non UK bank account.
You can find out more about data protection on the European Commission Justice Website.
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16. CONTACT DETAILS AND COMPLAINTS
If you should have any complaints in the way we use your personal data. Please contact our offices in writing, by post to 135 Walter Road, Swansea, SA1 5RQ.
or email. Email: firstname.lastname@example.org
If you can’t resolve an issue, you have the right to complain to the Data Protection Authority (The Information Commissioners Office). Their head office details below:
Information Commissioner’s Office
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number.