- What information do we collect about you
- How we will use the information about you
- Access to your information
- Retention of your information
- How to contact us
2. What information do we collect about you.
We collect personal information about you when you instruct us to act on your behalf in relation to a property transaction either sale or purchase, or as a landlord or tenant, solicitors acting on both sides of a transaction, housing associations, your bank and other financial institutions, insurers, landlords and management companies where applicable.
We also collect personal information from you when you complete identity check forms (passport and driving licence numbers) and proof of source of funds forms to enable us to proceed with your transaction. By sharing information with companies/organisations listed above it will enable us to proceed with your transaction.
3. How we will use the information about you.
We collect information about you solely for the explicit and legitimate purpose of dealing with your sale or purchase to progress this transaction to completion. We will not use the information about you for marketing/profiling purposes or marketing/profiling purposes with other companies. In proceeding with your transaction we will/may send your personal details to and also use information received from credit reference agencies and fraud prevention agencies, insurance intermediaries and other organisations details in paragraphs 2 above.
For example, we will use your personal data in the following circumstances:-
(i) We are required by law to obtain formal evidence of your identity and as such we will undertake an electronic search with ETSOS or other search providers for the purpose of verifying your identity for Anti Money Laundering.
(ii) We will supply your data to the lawyers acting on both sides of a transaction to incorporate your date into contract documentation for the purposes of the transaction we are instructed on
(iii) We may receive and send your data to other estate agents and Tenant Referencing Agencies involved in your transaction in order to process it more quickly
(iv) We will supply your data to freehold landlords or management companies where you are buying leasehold titles and on, a sale, such organisations for details of ground rents/maintenance charges in relation to the property you are selling
(v) We may also be required by law to provide your data to third parties such as the National Crime Agency where a transaction involves possible money laundering or Terrorist Financing, the Information Commissioner’s Office where a data protection breach arises or for the prevention or detection of crime, the apprehension or prosecution of offenders or the assessment or collection of tax or duty or the Home Office for immigration checks. Data which is required by law overrides an individual’s consent or objection.
4. Access to your Information and correction.
You have a right to request a copy of the personal information that we hold about you. If you would like a copy of some or all of your personal information please write to us at our address stated in paragraph 1 above. For the purposes of the prevention of fraud we will only send this information by post (or if requested electronically) to your existing address or email address as stated in the terms of engagement letter/identity check document. We will respond to your request within 21 days of receipt.
You also have a right to request us to correct data held about you if incorrect. This request must be made in writing to us at our address stated in paragraph 1 above. We will respond to your request and amend our data accordingly on verification of authenticity of such request within 21 days of receipt of such request.
5. Right to request destruction of data or withdrawal consent to use data
You have a right to request us to destroy the data we hold or withdraw your consent for us to use this data. Such a request must be in writing addressed to the Data Protection Lead, at the company, who will contact you to confirm destruction and or/non-use of personal data where consent is withdrawn, within 21 days of receipt unless we are required to keep such data by law or for some other legitimate reason.
6. Our website
8. Retention of your information
At the end of the transaction your file of papers and electronic file will be retained by us to comply with the Code of Practise of our regulatory body.
9. How to contact us
Mr Adrian Hogarth
Cumbrian Properties ELA Ltd, 2 Lonsdale Street, Carlisle CA1 1DB
10. Right to complain to the Information Commissioners Office
You have a right to complain to the Information Commissioners Office if you believe there is a problem with the way we are handling your data.
11. Your declaration
I understand the following:-
- You will use the information I have provided only to process any transaction
- You may check some of the information provided for the purposes of identity and credit checks and with my mortgage lenders, estate agents, brokers, insurance intermediaries, search providers and solicitors acting on the other side of a transaction, my bank and other financial institutions in order to progress my transaction.
- You may also obtain information about me from certain other organisations or give information about me to them to make sure the information is accurate; prevent or detect crime and protect public funds.
12. General Information
- Gemini are supplying Endpoint encryption for 42 users within Cumbrian Properties organisation conforming to GDPR regulations. The endpoint encryption provides protection of data on all endpoint devices (Computers, Laptops and external HHD) in the event of theft or loss. Email encryption is included with all internal emails automatically encrypted. External emails can be manually encrypted (if required) with manual password protection sent via a form of communication except for email. Encryption software will require all Cumbrian Properties employees to generate a strong password which will include Letters, Numbers and Symbols which must not be shared or saved.
- In order to comply with data protection, all information is stored on a central server which is double locked on our premises.
- All keys are double locked on our premises.
- All filing cabinets are double locked on our premises.
Cumbrian Properties may wish to contact you by post, telephone, fax, email, SMS and other electronic methods of marketing which may become relevant in the future (“Future Methods”). This would be done in order to provide you with marketing information about the products and/or services and/or special offers of Cumbrian Properties, and those of the Selected Companies.
You should use these contact details if you have any other questions about the way in which Cumbrian Properties processes or uses your personal information.
Cumbrian Properties is your “Data Controller” under the Data Protection Act 1998 (the “Act”). The Act defines your rights as an individual in relation to how Cumbrian Properties uses your personal information.