PRIVACY NOTICE FOR CONTRACTORS ETC., GIVEN BY LANDLORD/AGENT

YOUR INFORMATION

 

 

 

Data Controller:

 

Name of Agent: Alexander Property

Address of Agent: 86 Pantbach Road, Birchgrove, Cardiff. CF14 1UD

Telephone Number: 02920 003019

Email address: alexanderproperty@hotmail.com

Date: 23rd May 2018

 

 

 

What this Notice is about

 

This Privacy Notice tells you what information we obtain and hold about you as a contractor carrying out work or providing services for us. It explains what information we collect, why we collect it, and what we do with it, as well as who we share it with. We collect and handle personal information about our contractors in connection with provision of residential accommodation.

 

We call this information “your information”. It is also referred to as “data”.

 

Where this notice is given to more than one person it is given to each of you separately.

 

 

You should read this notice when you give us information so you are aware of how and why we are using this. Please update us if any information supplied by you changes.

 

Why we are giving you this notice

 

We are required by data protection law to give you this notice. We must be open with you about why information is collected about you and then what is done with it. We must act fairly in relation to this information. You have various legal rights relating to this information which are spelt out in more detail in this notice.

 

In order that we can collect or use information about you there must be a legal basis or gateway for doing so. This notice identifies the relevant gateway for the various types of information we collect and hold about you. A detailed explanation of these gateways is given in this notice.

 

Under data protection legislation we can only process data “as necessary” and only to the extent that it is needed. For example, we can use your bank details in connection with payments and other limited purposes only. However, in certain instances, as necessary, we can share any of your data, e.g. with our own professional advisers or letting and managing agents. We may also share any of your data, as necessary, with the police/law enforcement agencies or regulatory authorities.

 

This notice also applies to you if you no longer carry out work or provide services for us, but we retain data about you.

 

The data we collect/hold about you

 

We use different ways to collect data about you y. If you fail to provide this information we may not be able to proceed.

 

As necessary personal data is processed by us (or by any letting/managing agent we retain) consisting of the following as applicable:-

• Identity and contact details including car registration

• Terms of business with you

• Certificates and payments

• Repairs/works/services provided/housing condition/health and safety

• Insurance

• Qualifications

• Claims and breaches of contract

• CCTV

• Audio recordings

• Details relevant to flat management

• Car vehicle registration

• Correspondence, emails etc.

 

We also generate and use data internally, e.g. our accounts.

 

We also collect and receive data about you and third parties. This could include information given to us by tenants residents or neighbours. Where the property is let or managed on our behalf by an agent the agent may supply us with information about you. If we are an agent we will receive information from the landlord of the property concerned. We obtain information about you when we carry out credit checks or take up references. We may also receive information from you via websites. information which we receive in this way is set out in the Table to this privacy notice which gives you more details about information which we can receive from third parties.

 

Sharing data with others

 

We will share information we hold with others, where this is necessary. When we do this we must comply with data protection legislation. Information can be shared with our landlord client if we are an agent or our agent if we are a landlord. It can be shared with other contractors/ suppliers; utilities and service providers; tradespeople; financial organisations, tenancy deposit protection bodies; courts; police and law enforcement agencies; taxation authorities; local authorities in relation to regulatory functions; and any future owner of the property. We may need to share information with your next of kin etc., e.g. in an emergency. We also may share information with professional advisers such as lawyers and accountants or an advice agency which involves sharing information about you with them. If the property is a flat we give information to the freeholder, managing agent etc., for the block of flats. In some cases we may be under a legal obligation to provide information either because of the law or because of a contractual obligating binding on us. What we actually share will depend on what is necessary in the circumstances and more details are given in the Table in respect of different kinds of information which we hold about you.

 

Search engines, websites etc

 

As necessary, we obtain information about you which is publically available via search engines such as Google or Facebook and websites. This will include information about you which you yourself made public. Further details are set out in the Table. However, when doing so we make sure that we comply with applicable guidelines under data protection legislation.

 

 

 

 

Special categories of data/sensitive personal data

 

In limited situations we will process information about your health or any disability. This data is given special protection under data protection law. Normally we would expect to ask you for your explicit consent before we collect or use this kind of data.

 

Why we collect data and the legal basis for processing your personal data

 

We have to tell you why we collect and hold information about you.

 

We must also have a legal basis before we are allowed to collect or process your personal data. Processing personal data includes recording, storing, altering, using, sharing or deleting data. We only need one of these “gateways” and for our purposes they are –

 

• You consent. Consent may be requested in certain cases, e.g. to obtain a reference but generally we do not rely on your consent to process your personal data.

• To perform our contract so that we can carry out our responsibilities under our terms of business with you, including anything you request us to do with a view to you becoming a contractor.

• Compliance by us with a statutory or other legal obligation.

• Where this is in your vital interests, e.g. if there is a life threatening situation.

• Where we are pursuing our own legitimate interests or those of a third party. This will not apply if our interests are overridden by your interests or your fundamental rights and freedoms. We have to carry out a balancing exercise therefore to decide whether we can rely on this gateway to ensure that it applies. In each case we have done this and we do not consider your interests, rights or freedoms outweigh our own or those of the third party concerned.

 

This notice identifies the relevant gateway applicable in each case. In some cases we will rely on more than one gateway depending on the particular purpose for which we are using your data.

 

Additionally any data must be processed by us fairly and openly.

 

Why we process your data

 

The various purposes for which it may be necessary for us to process various categories of your information include:-

 

• In our legitimate interests for deciding on your suitability

• In our legitimate interests for verifying your credit worthiness

• To perform our contract or to complete the contract with you

• For contractual performance for managing the contract and any property involved

• For contractual performance and/or in our legitimate interests for record keeping

• For contractual performance for monitoring and enforcement of your responsibilities

• For contractual performance or in our legitimate interests for recovering debts and other payments due

• In our legitimate interests for processing complaints

• For contractual performance or in our legitimate interests for dealing with health and safety issues relating to the contract and any property involved

• In our legitimate interests for obtaining and holding audio and cctv recordings

• To perform our legal obligations to provide information to public or local authorities who are legally entitled to require this information.

• In your vital interests for contacting next of kin etc., in an emergency

• In our legitimate interests for the storage of emails, records of calls and other communications

• In accordance with our legal obligations if you exercise your rights under data protection law

• To perform our legal obligations for compliance with legal and regulatory requirements

• In our legitimate interests for the establishment and defence of legal rights

• In our legitimate interests for prevention, detection and investigation of crime and the security of any website or other means of electronic communication

 

We may change the purposes where this is compatible for the purpose for which we obtained the data originally. If we need to use your data for a non compatible purpose we will notify you and explain the legal gateway that allows us to do so. We may process your information without your knowledge where this is required or permitted by law.

 

More information about what we do with data and why, along with the relevant legal gateway is given in the Table. This also tells you who we share data with and receive it from.

 

Retaining Communications

 

We will monitor, record and retain your calls, emails, text messages, social media messages and other communications. This is in our legitimate interests to maintain an accurate record of these. This may be necessary to manage the contract or any property involved or to deal with tenants/residents of any property involved or any guarantor. We need these records for our ongoing dealings with you, including our data protection obligations.

 

 

 

 

Length of storage of data

 

Data can only be stored on a time limited basis and not indefinitely. We will hold personal data about you for seven years after the contract with you has ended. This is the statutory limitation period six years plus a further year to allow for service of proceedings should proceedings be commenced later on. We are also required to retain information for up to six years for tax purposes. If your tenancy application does not go ahead then we retain data for one year.

 

Storage and security of data

 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

 

All our information is stored securely electronically on servers or devices. Certain information is also retained on a secure basis in hard copy format.

 

Telephone calls

 

To protect our legitimate interests telephone conversations may be recorded electronically for monitoring and to ensure that we have a record of what is said. You or others may leave messages when calling.

 

CCTV

 

When we install CCTV this is for security purposes in cases where we consider that it is in our legitimate interests to carry out such monitoring which must be done in accordance with legal requirements. Recordings will be kept for these purposes.

 

Employers and contractors

 

We may collect and handle personal information about employees and those working for contractors, e.g. when they communicate with us on behalf of their employers. This will be the contractual performance.

 

Legal claims

 

We consider there may be a need to defend or bring legal claims we may retain and handle your personal information as necessary. This is in our legitimate interests for ensuring that we can properly handle legal claims. We may also need to share this information with our insurers or professional advisers. For how long we retain this information will depend on the nature of the claim and how long we consider there is a risk that we will need to defend or bring a claim.

 

Sharing with third parties

 

As necessary exceptional information can be shared with regulatory bodies, police and law enforcement agencies and public authorities. However, this may be under their legal obligations or their legitimate interests so they can carry out their responsibilities.

 

In connection with the sale and transfer (or the proposed sale and transfer) of our business your personal information will be shared as necessary with the proposed purchaser or transferee (and their professional advisers) but appropriate safeguards will be put in place. This is in our and their legitimate interests so as to ensure that the terms of any such sale or transaction can be agreed and appropriate information provided.

 

Holding data outside the European Union

 

Our email account and web provider (if any) is the provider specified in the Table. Our email account is web based. Providers store related data internationally and not necessarily within the European Union. The recipient of this data is the provider concerned. You need to refer to the provider concerned to determine whether or not they have the required clearance (adequacy decision) from the EU authorities or whether or not, instead, there is an agreement containing appropriate and suitable safeguards and to obtain a copy of this agreement.

 

Your rights

 

Where we hold personal data about you you are the data subject. Data protection legislation gives you a number of rights. To exercise any of these rights you should contact us. You can do so by email at the address given above or you can telephone us on the number given above. You can also write to us at our address given at the top of this notice. Normally no fee is payable.

 

In particular you have a right to object to the processing of your information where we are processing this in our own legitimate interests or those of someone else. This applies if you feel that this impacts on your own interests or your fundamental rights or freedoms.

 

These rights are as follows –

 

• Access – you have the right to make a request to be told what personal data we hold about you. This is a right to obtain confirmation that data has been processed and to have access to your personal data and the right to information details which should be provided with the privacy notice.

• Correction/Rectification – if you consider any data we hold about you is inaccurate you can tell us so that where appropriate this can be corrected. Where a mistake is made in data processing then you can ask to have it rectified. Any third parties who have received the data from us should then be told of the rectification and you should be informed by us of any such third parties.

• Erasure – you have a right to ask us in certain circumstances to erase any data we hold about you (the so called right to be forgotten). Individuals can request the right to have personal data erased to prevent processing in specific circumstances, i.e. it is no longer necessary, consent has been withdrawn, there is an objection and where applicable your rights etc., override the legitimate interests to continue our processing, or data has been unlawfully processed.

• You can object to our processing of data – this allows you to object to our processing of data about you. We must then stop processing data unless we can establish legitimate reason for continuing. In particular this applies where we are relying on our own legitimate interests or those of a third party to process data but it can also apply in other situations.

• Restricting processing – you can ask us to suspend processing of your personal data and we must then restrict processing of data. This includes where you are contesting the accuracy of a statement or the lawfulness of the processing.

• Data portability – this allows individuals to reuse their personal data for their own purposes across different services allowing them to move, copy or transfer personal data more easily.

 

Withdrawal of consent

 

Where your consent provides us with the legal gateway to process data about you you can withdraw this at any time by telling us by email or post using the telephone/addresses given above.

 

Complaints

 

We operate our own internal complaints policy and if you have any concerns about the way in which we collect or handle data please contact us.

 

Additionally, you have the right to lodge a complaint with the Supervisory Authority who is –

Information Commissioner

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

www.ico.org.uk

 

 

TABLE

CONTRACTORS ETC.

INTRODUCTION

 

About this Table

 

As necessary, we collect, use and otherwise process different categories of information (data) about you relying on the various legal gateways available to us. This relates to negotiations prior to any contract and, if this goes ahead, so that we can enter into and manage the contract along with associated matters. This notice gives you a general description of these processing activities for the different categories of information and the purposes for which we process your information. If you consider that we have not given sufficient details of what we do then you can make an access request for more information.

 

Expressions used

 

To make this Table as concise as possible we employ a number of expressions –

 

Handle information – collecting, compiling, using or storing information (data).

 

Use information – when we use information this means we consult it, compile it, refer to it to make a decision, or act on it, or combine it with other data. When using it in this way we may have to alter it.

 

Share data – this includes transferring data to someone else where this is necessary, or receive it from a third party.

 

Collect data – this is where we receive information either from you or from a third party, e.g. a reference about you.

 

Compile data – this is where we use information about you which we have collected to generate information about you, e.g. our rent payment records or repair records.

 

Next of kin etc. – this includes close relatives.

 

Altering Data

 

We are required by data protection legislation to keep your information up to date and it is of course in our own legitimate interests to do so for us to ensure that we have accurate records. For example we keep our record of payments up to date as they are made.

 

Storing Data

 

We keep information both electronically and in a manual filing system to maintain our records. We do this because we need to use it from time to time. Normally the legal gateway permitting us to do so which will apply will be the same as applies when we use the data. Additionally, however, there are legal obligations to retain data under data protection law, taxation legislation and housing and health and safety law. We also need to do so to fulfil our contract with you. In our own legitimate interests we also need to retain information to deal with enquiries or disputes and for audit purposes.

 

Destruction of Data

 

We delete/destroy data once it is no longer needed. This is a requirement of data protection law. This notice tells you the period for which we normally store data.

 

What this Table tells you

 

Information is handled as necessary from time to time. Information falling under one category can be amalgamated with or added to information in another category in order to carry out the stated purposes.

 

Section 1 of this Table tells you, depending on the relevant category of your information, what our processing activities are and what is the legal gateway permitting processing as well as the purpose for which we carry out these processing activities.

 

Where the legal gateway in question is our own legitimate interests (or those of a third party) we identify the relevant legitimate interests.

 

Details about sharing data are set out in Section 2, whether we transfer it to someone else or receive from a third party.

 

SECTION 1 PROCESSING ACTIVITIES

 

This Section records the different categories of information, what we do with the information and why, as well as specifying the legal gateway which we rely on to do so.

 

Identity and contact details

 

We handle this information in order to obtain estimates/quotations and to enter into contracts with you, as well as subsequently managing and administering the contract. This is done to perform the contract.

 

 

Contract details

 

1. Information in this category includes the address of any property where work is carried out/service provided, nature of the work/service, start date and payment details.

2. We handle this information to prepare and complete the contract and then to manage and administer the contract. This is done to perform the contract.

 

Bank details for contractors

 

We handle this information in order to make payments where this is the agreed method of payment. This is done to perform our contract.

 

Certificates and payments

 

We handle this information to make payment under the terms of the contract. This is done to perform our contract.

 

Repairs/works/services/housing conditions/health and safety

 

We handle this information for contract performance to manage and administer the contract. In relation to health and safety we also handle this information to perform our legal obligations under health and safety at work and allied legislation.

 

Insurance

 

We handle this information in our own legitimate interests. These are to ensure that proper insurances are in place to protect our financial interests.

 

Qualifications of contractors

 

We handle this information in order to verify suitability to carry out the work/provide the service. This is in our own legitimate interests to ensure that the work/service is properly carried out.

 

Claims and breaches of contract

 

We handle this information so as to ensure that contractual obligations are complied with. This is to protect our own legitimate interests and those of any affected third party. These are to ensure that contractual obligations are complied with properly.

 

 

CCTV and audio recordings

 

We handle this information so as to obtain records of what occurs at our properties or for record keeping purposes. This is in our own legitimate interests to ensure correct information and records are available to us and for security and the prevention of crime.

 

Flat management

 

We handle information in order to carry out our responsibilities under leases/contractual arrangements in respect of any flat which we own or manage. This is done in our own legitimate interests and the interests of the freeholder etc., of the block so as to ensure that respective obligations are properly performed.

 

Car/vehicle registrations

 

We handle this information for our legitimate interests and those of others such as neighbours in order to monitor and regulate parking. This is to protect our own property interests and rights and those of others such as neighbours who may be affected.

 

Correspondence, email etc

 

We handle communications initially in connection with entering into the contract and preparatory work before the contract is agreed. We then handle communications for the management and administration of the contract and associated matters arising under the various categories of information referred to in this Section. This is done for contractual performance where applicable and to carry out any legal obligations imposed on us or in our own legitimate interests. These legitimate interests are to ensure that we have the necessary information and records relating to these matters.

 

Websites and online platforms

 

1. Information is available in the public domain about you. This can be accessed by appropriate searches we may access websites which hold this information.

2. Information is also made available on online platforms.

3. We handle this information to assess suitability as a contractor etc., and for the management of any contract. This is in our own legitimate interests to ensure that contractors are suitable and that contracts are effectively managed. This includes ensuring contractual obligations are performed. These legitimate interests are to protect our financial interests and to see that our rights are enforced.

4. We handle information received via our website/online platforms for contract performance

including entering into contracts.

 

SECTION 2

Who we share this information with

 

1 – Data categories and who they are shared with

 

Data category	With whom we share the data
Identity and Contact Details	We share identity and contact details with all persons, organisations and authorities referred to below. This can be done independently or linked with other information in each category for the purposes under the legal gateway specified. This is to ensure correct identification and the ability to make contact. This is for contractual performance or our legitimate interests (as the case may be)
Personal/background information	Debt collectors/tracing agents; insurers; banks etc.
Bank details	Our bank, credit reference agency; debt collects/tracing agents
Contract details	Taxation authority; insurers; banks etc.
Certificate and payments	Bank, taxation authority, insurers
Qualification of contractors	Deposit protection body; banks; insurers
Repairs/works/services/housing conditions/health and safety	Deposit protection body, tenants/residents, freeholder flat management etc., guarantors
Claims and breaches of contract	Deposit protection body, tenants/residents, guarantors, neighbours, other residents etc., freeholder, flat management agents etc., insurers
Termination of contract	Debt collectors/tracing agent, taxation authority, deposit protection body, bank tenant/resident/guarantors, freeholder managing agents etc.
CCTV and audio recording	Deposit body, tenants/residents, guarantor.
Correspondence etc.	Depending upon the applicable category of information relevant correspondence etc. is shared with any of the persons/organisations/authorities listed.
Insurance	Insurers, banks etc.
Flat management	Freeholders, flat managing agents etc.

 

2 – What is shared with private persons/organisations

 

Categories of persons /organisations sharing data	Purpose and legal gateway
Utility companies and service providers, e.g. Broadband	Arranging for utilities/services and administering their supply in our own legitimate interests and those of the provider. This is to ensure utilities/services are provided. Utility companies also have certain statutory obligations to perform, e.g. metering. They are in the legitimate interests of the utilities/service providers to ensure that they can effectively carry out their various activities.
Credit reference agencies	We request and consider credit and other referencing in connection with deciding on the suitability of contractors This is in our own legitimate interest to ensure that we engage reliable contractors.
Debt collects/tracing agents	For tracing or making a claim in our legitimate interests. These are to enforce our legal rights.
Tenants/residents	Management of the tenancy and the property in our own legitimate interests and those of tenants/residents The legitimate interests are to protect our own rights and to carry out our responsibilities to them, including keeping them informed of the progress of works/provision of services.
Guarantors	Management of the tenancy and the property for contractual performance. It is in our own legitimate interests and those of the guarantor to give and receive information relating to the carrying out of works/provision of services which may be relevant for their liability as guarantors.
Insurers	To arrange public and other liability insurance and to make claims. This is in our legitimate interests and the insurers legitimate interests. These are making sure that appropriate insurance is arranged and the policies are correctly administered. Under the terms of policies we are required contractually to provide information to insurers.
Banks and lenders	Where we have loans information regarding works and services has to be provided to arrange and administer loans. This is in our own legitimate interests to finance our business. Contractually they are entitled to information. In the case of banks information about you can be shared for the purposes of administering loans for contractual performance. Information can also be shared for the purposes of preventing and detecting money laundering and fraud. This is in our own legitimate interests and those of the bank in order to detect crime. Contractually there will be a requirement to provide information regarding insurance cover to banks etc. providing loans. This is in our legitimate interests to ensure compliance with the loan conditions and in the interests of the bank etc. to see that appropriate insurance cover is in place.
Neighbours, other tenants and residents	This includes information relating to work being carried out and services provided at the property concerned. It can include car registration information. This is in our own legitimate interests to protect and manage our property rights in the event of disputes over deductions from deposits. It is also in the legitimate interests of neighbours for their enjoyment of their own properties and to protect their property, interests and rights.
Flat freeholders, managing agents etc., where the property is a flat.	Under leases/other contractual arrangements they are entitled to certain information. Further, consents/permissions may be required for the carrying out of alterations or works or information which may be relevant to repairs may need to be shared. This is done in our own legitimate interests. These are to ensure we comply with our own contractual obligations. Additionally there may be complaints involving breach of the terms of these leases/other contractual provisions connected with nuisance, non compliance with leases/other arrangements. Consequent upon these information may be shared in our own legitimate interests or those of the freeholder managing agent etc., concerned. This is to ensure compliance with our own contractual legal obligations and/or for the management of the block.
Web sites, portals etc.	Undertaking searches and obtaining publically available information relevant to suitability and in connection with the management of the contract. This is undertaken in accordance with applicable data protection law.

 

 

 

Section 3 – What is shared with public Authorities

 

Deposit body

Under housing legislation we are required to protect any deposit which is paid in connection with the tenancy. We register the deposit with the deposit body concerned. This is to comply with our legal obligations. In the event of disputes these can be submitted to adjudication in which case it is necessary for information to be provided to the deposit body concerned (and its adjudicator) in our legitimate interests to pursue or defend claims. This is also contractually required under the rules of the scheme.

Taxation authorities

These are HM Revenue and Customs, as well as any other public authority having power to levy taxes or charges. We are required by law to make appropriate returns to comply with legislation imposing taxes etc.

 

Section 4 – Private persons/organisations/public authorities with whom any information can shared

 

All your information can be shared as follows –

 

Category of person/organisation/public authority	Purposes and legal gateway
Professional advisers	Assistance and advice regarding our contracts for contractual performance. Where we handle information under some other gateway and a professional adviser assists or advises this will for the same purpose and under the same legal gateway. If it is in the legitimate interests of ourselves or someone else then those interests will be the same. These are to ensure that we act appropriately and properly as well as according to the law.
Police/law enforcement agencies	Prevention/detection of crime and anti social behaviour in our and their legitimate interests. This is to protect any property and enforce our rights and to enforce the law.
Regulatory authorities	To carry out their functions in their legitimate interests. These are to enforce legal requirements. On occasion, we may be under a legal obligation to provide information, particularly if a notice to that effect is served on us. This can include an ombudsman or accreditation or similar scheme of which we are a member. It also includes water companies, utility providers who are exercising their functions as statutory undertakers.
Letting and managing agents	Where we are the landlord to let or manage the property in our and their legitimate interests. These are so that the tenancy relating to the property and the property are effectively let and managed. Contractually we are required to provide information to any letting/managing agent we instruct.
Courts	The administration of Justice in our legitimate interests. These are to pursue and defend claims.
Prospective purchaser of the property	In the event of a proposed sale/sale of the property either subject to the tenancy or with vacant possession any prospective purchaser/purchaser will require information about the property. This is in our own legitimate interests and their legitimate interests. This is part of the conveyancing and sales process for both parties. The legitimate interests are to ensure that correct information is provided and received.
Landlords	Where we are the agent we can pass any information relating to you to a landlord client. Contractually we are required to pass information to our client. This is in their legitimate interests to ensure that they receive all relevant information relating to the property and its management and in our interests to ensure that we can discharge our responsibilities under our contract to our landlord client.

 

Note: Where we are an agent and we refer to our legitimate interests these legitimate interests extend to those of our landlord client which will be the same.

 

Names of persons/organisations/public authorities with home information is shared

 

Where we are able we have to provide you with the identity of the persons/organisations/authorities which are referred to above.