privacy policy

Bird House Properties Ltd promises to keep your data safe

EFFECTIVE DATE 25THMAY 2018

Here at Bird House Properties Ltd we are an Estate Agency registered number 0971392 and registered address Bowden House, 42 Bowden Close, Newcastle Great Park, Newcastle Upon Tyne, NE13 9GB. Our data protection lead can be contacted at info@birdhouseproperties.co.uk.

We have produced this privacy notice to ensure we keep you informed of how we handle your personal data. All handling of your personal data is done in compliance with the General Data Protection Regulations (EU) 2016/679 (Data Protection Legislation).

WHAT ARE YOUR RIGHTS?

When reading this notice you might find it useful to understand that your rights arising under Data Protection Legislation include -;

  •  The right to be informed of how your personal data is used (through this notice).
  • The right to access any personal data held about you.
  • The right to withdraw consent at any time by emailing info@birdhouseproperties.co.uk
  • The right to rectify any inaccurate or incomplete personal data held about you.
  • The right to remove where it cannot be justified that the information held satisfies any of the criteria outlined in this policy, or where you have withdrawn consent.
  • The right to prevent processing for direct marketing purposes, scientific/historical research or in any such way that is likely to cause substantial damage to you or another, including through profile building.
  • The right to object to processing that results in a decision being made about you by automated processes and prevent those decisions being enacted.

 WHO IS THE DATA CONTROLLER?

  •  If we have collected your personal data directly from you for our own purposes, we are the Data Controller.
  • If we have purchased your data from a third party for our own purposes, we are the Data Controller. Where we have purchased your personal data, we will contact you to let you know before we first start to use it or at the latest one month within acquiring it.
  • If we have been passed your personal data from a third party for our own purposes, we are the Data Controller. We will contact you to let you know before we first start to use it or at the latest one month within acquiring it.
  • If we have been passed your personal data from a third party for a joint purpose that we both influence, we are the joint Data Controller. We will contact you to let you know before we first start to use your data or at the latest within one month of acquiring it.
  • If your data has been passed to us by a third party for processing under their instruction, that third party is the Data Controller. They should have notified you that they would be passing your personal data to us, Bird House Properties Ltd, at the time they collected your data and within their own privacy notices/standards. For a list of Data Controllers that we process personal data for, the section below ‘Third Party Interests’.
  • If we have received your personal data as part of a business to business relationship, the Data Controller is your employer.

 WHAT ARE THE LAWFUL BASIS FOR PROCESSING PERSONAL DATA

 Under data protection legislation, there must be a ‘lawful basis’ for the use of personal data. The lawful bases are outlined in Article 6, Section 1 of the GDPR. They are sub-sections -;

  •  a/ your consent
  • b/ performance of a contract
  • c/ compliance with legal obligation
  • d/ protection of your, or another’s vital interests
  • e/ public interest/official authority
  • f/ our legitimate interests

 WHAT INFORMATION IS BEING COLLECTED IF YOU ARE A PROSPECTIVE OR EXISTING CUSTOMER?

 We may collect personal information from you in connection with your use of Our Website, including personal information such as -;

  •  Your name, address, email address, landline number and mobile number when you register your interest on our online form to arrange a viewing, request a valuation or make a general enquiry.

 We may also collect information from you in connection with a service or product provided to you by us, including personal information such as -;

  •  Your name, address, email address, landline number, mobile number and details of your requirements where you engage us to provide estate agency services on your behalf either at your property, by telephone or by email.
  • Your date of birth, nationality and other details from identity documents which you provide to use where we are required by law to carry out ‘anti-money laundering checks’ and ‘right to rent checks’.
  • Proof that you have sufficient funds to pay any deposit when you wish to make an offer to buy a property.
  • Evidence of the source of funds you will be using to buy a property, including for example your bank statement or an agreement in principle from your mortgage provider.
  • Evidence that you have the right to let a property where you are a landlord and instruct us to assist you with letting a property.
  • Details relating to your property including photographs, floor plans, energy performance certificates, property descriptions and surveys when you engage us to market your property.
  • Your contact details move in and move out date, utility meter serial number and meter readings where you are a landlord or a tenant moving into a property and when the tenant moves out.
  • Your move in and move out date and details of the deposit you have paid where you are a tenant registering or releasing any deposit protection scheme.

TYPES OF DATA COLLECTED AND USAGE

Reference
Categories
Processing needs
Where it came from
B2B Marketing
Identity data/contact data
Direct marketing to previous, current or prospective clients. The process is committed lawfully and on the basis of our ‘legitimate interests’.
Directly obtained or by referral from existing clients/partners/suppliers.
Analytics
Technical data/usage data
To understand how you use our website, how you reached us and how long you spend on our website. This processing is committed lawfully and on the basis of our ‘legitimate interests’.
Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection).
Fraud Prevention
Identity data/transaction data
To combat fraud, we share information of clients who instruct the payment issuer to cancel payments to us without first informing us of why or allowing us the opportunity to issue a refund with a credit agency. This processing is conducted lawfully.
Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection).
Contact Submission
Identity data/contact data
When you send us information about you by posting on a forum of blog we will store this information in order to make available for viewing on the website. Your consent is obtained at the point of posting. This processing is conducted lawfully on the basis of your consent.
Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection).
Phone calls
Identity data/contact data
We might record calls for the purpose of training or auditing. This processing is conducted lawfully on the basis of our legitimate interests.
Directly obtained.
Emails/web contact
Identity data/contact data
If you contact us through our website or by email we will use the information you provide us to respond to your enquiry. This information is kept in order to improve our service. This processing is conducted lawfully on the basis of our legitimate interests.
Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection).
Consumer marketing
Identity data/contact data/transaction data/marketing data
If you conduct business with us by paying for a service we provide we will add your contact information and send you marketing material if we think you might be interested. This processing is conducted lawfully and on the basis of our legitimate interests.
Directly obtained.

ABOUT OUR PROCESSING OF YOUR DATA

Our use of cookies

Cookies are small text files that are placed on your computer’s hard drive through web browser and when you visit any website. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the website.

Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies may enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our website (i.e. They are deleted from your computer when you close your browser) or may remain on your computer until you delete them or until a defined period of time has passed.

Although your browser software enables you to disable cookies, we recommend that you allow the use of cookies to take advantage of the features of our website that rely on their use. If you prevent their use, you will not be able to use all the functionality of our website. Here are some of the way we may use cookies -;

  •  To record whether you have accepted the use of cookies on our website. This is solely to comply with the law. If you have chosen not to accept cookies, we will not use cookies for your visit, but unfortunately, our site will not work well for you.
  • To allow essential parts of our website to operate for you.
  • To operate our content management system.
  • To operate the notification form which is the form that you use to contact us for any reason. This cookie is set on your arrival at our website and is deleted when you close your browser.
  • To enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.
  • To collect information about how visitor uses our website. We use the information to improve your experience of our website and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the website, where visitors have come to the website from, and the pages they visited.
  • To record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.
  • To record your activity during a web cast. For example, as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user but will not use the information for any other purpose. This cookie will last for a period of time after which it will delete automatically.
  • To store your personal information so that you do not have to enter it again when you visit the website next time. This cookie will last for a period of time after which it will delete automatically.
  • To enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy enhanced mode.

WHAT HAPPENS IF I REFUSE TO GIVE BIRD HOUSE PROPERITES LTD MY PERSONAL DATA?

The information about you that we have collected for the performance of our contracts is required in order for us to successfully fulfil our obligations to you. If you choose not to provide the personal data requested, we will not be able to enter into a contract with you to provide benefits we would like to offer you. If we are already processing your personal information under a contract, you must end our contractual relationship (as/we permitted) in order to exercise some of your rights.

We process some personal information as part of a contractual relationship with a Data Controller. Any requests to restrict this type of processing should be forwarded to the Data Controller and they will be responsible for discussing your concerns and making any decisions.

WHAT ARE BIRD HOUSE PROPERTIES LTD’S ‘LEGITIMATE INTERESTS’?

Legitimate interests are a flexible basis upon which the law permits the processing of an individual’s personal data. To determine whether we have a legitimate interest in processing your data, we balance the needs and benefits to us against the risks and benefits for you of us processing your data. This balancing is performed as objectively as possible by our Data Protection Lead. You can object to our processing and we shall consider the extent to which this affects whether we have a legitimate interest. If you require more information about our legitimate interests, please contact us via info@birdhouseproperties.co.uk

 USE OF THE INFORMATION WE COLLECT

 Your information will be used by us in connection with the following purposes -;

  •  Helping you to sell your property, or to find a property to purchase
  • Valuing your property
  • Listing your property
  • Letting services including taking payments of rent and organising maintenance of your property.
  • To provide you with the contact details of the mortgage companies we refer to
  • To introduce you to our conveyancing services
  • To help you let out a property including arranging viewings, organising tenant referencing, to ensure utilities are in place and process payments of rent.

 WHAT IS THE SOURCE OF THE INFORMATION WE COLLECT?

 Most of personal information which we collect will have been voluntarily provided by you, however we may also obtain your personal data from other sources including -;

  •  Social networks such as Facebook or Instagram
  • Introducer companies who have referred you to us
  • Online portals such as Rightmove

HOW LONG WILL YOUR DATA BE KEPT?

Bird House Properties Ltd holds different categories of personal data for different periods of time. Wherever possible, we will endeavour to minimise the amount of personal data that we hold.

  •  If ‘consent’ is the basis for our lawful processing of your data, we will retain your data so long as both the purpose for which it was collected, and your consent, are still valid. We review the status of your consent every 12 months and treat non-response to our requests for renewal of consent as if they were your request to withdraw consent. Occasionally, we might identify a legitimate interest in retaining some of your personal data that has been obtained by consent. If we do, we will inform you that we intend to retain it under these conditions and identify the interest specifically.
  • If we process your data based on ‘legitimate interests’, we will retain your data for so long as the purpose for which it is processed remains active. We review the status of our legitimate interests every 12 months and will update this notice whenever we determine that either a legitimate interest no longer exists or that a new one has been found.
  • All categories of personal data that are held by us because they are essential for the performance of a contract, will be held by us because they are essential for the performance of a contract, will be held for a period of six years, as determined by reference to the Limitations Act 1980, for the purposes of exercising or defending legal claims.

WHO ELSE WILL RECEIVE YOUR PERSONAL DATA?

Bird House Properties Ltd passes your data to third parties listed in the section ‘Third Party Interests’ below, for the purposes of providing our services to you, and for no other purpose.

Your data does not leave the EU.

THIRD PARTY INTERESTS

Van Mildert Tenant Referencing
Tenancy reporting application
HMRC
Government related enquiries
Natwest
Business banking
Message Direct
Telephone answering service
Newcastle City Council
Local authority
Northumberland County Council
Local authority
North East Inventories and EPC’S
Rental inventories and EPC’S
WBS Accountants Ltd
Accountants
Rightmove
Property web portal
DPS
Tenancy deposit scheme
TDS Custodial
Tenancy deposit scheme
Bryne IT Solutions
Website management
Docusign
Electronic document signatures
Domus
Estate Agent Software

OTHER THIRD-PARTY INTERESTS

We may also disclose your information to the third parties listed below for the following purposes -;

  •  Service providers who need to know the information in order to provide us or you with a product or service including our approved contractors for the purpose of carrying out maintenance or gas safety checks at your property.
  • Surveyors where you or your mortgage provider require a home buyers survey or a structural survey.
  • Conveyancers when we issue all parties with the memorandum of sale for a property sale/purchase.
  • Mortgage providers when you have requested we may introduce you.
  • Law enforcement bodies and/or regulatory entities in order to comply with any legal obligations including the police, HMRC and local authorities.
  • Referencing companies to check your creditworthiness and to help prevent fraud and money laundering.

MARKETING

We use the information you provide us with to keep you informed about products or services which we believe you may be interested in. Where we conduct marketing, we do so in accordance with applicable laws. Where you contact us through the ‘contact’ page of our website or make an enquiry via email or telephone we will use the details you have supplied to us to provide you with our general property marketing by email unless you choose to ‘opt out’ of these communications. If you ‘opt out’ then we will not send you information relating to our general property marketing by email.

Other than as explained above, we do not pass on your information to other companies for their own marketing purposes.

SECURITY

We use security measures which aim to protect the information provided by you from access by unauthorised persons and against unlawful processing, accidental loss, destruction or damage. We also expect you to take reasonable steps to safeguard your own privacy when transferring information to us such as not sending confidential information over unprotected email, ensuring email attachments are password protected or encrypted and only using secure methods of postage when original document is sent to us.

WHO CAN YOU COMPLAIN TO?

In addition to sending us your complaints directly to info@birdhouseproperties.co.uk, you can send complaints to our supervisory authority. As Bird House Properties Ltd predominantly handles the personal data of UK nationals, our supervisory authority is the Information Commissioner’s Office. If you believe that we have failed in our compliance with data protection legislation, complaints to this authority can be made by visiting https.//ico.org.uk/concerns/ or by writing to them at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF