What information is being collected about you?
We may collect personal information from you in connection with your use of Our Site, including such personal information as:
- cookie data which relates to your use of Our Site;
- data sent from your browser to our server which may include:
- the time, date and duration of your visit to Our Site;
- the site from which you have come (the referral URL);
- the pages visited on Our Site; and
- your IP address.
We may also collect information from you in connection with a service or product which we provide to you or one of our clients, including personal information such as:
- your name, postal address, phone number, email address, date of birth (where appropriate) and details of your requirements where you engage us to provide asset management services on your behalf;
- financial or other identifiers including your bank account details, tax URN number and income/expenditure details where we manage a financial transaction for you or take payment for the services which we provide to you;
- your date of birth, nationality and other details from identity documents which you provide to us where we are required by law to carry out know your client anti-money laundering checks and the results of those checks;
- your driving licence, passport, or other identification documents, when we need to check your identity for security purposes before providing you with access to a property;
- your marital status, employment details, national insurance number, nationality, residential status, bank details and credit history when carrying out referencing and credit checks and the results of those checks;
- photographs of your property, when preparing an inspection report on the condition of your property or when we are managing a property; and
There may be circumstances where we need to collect and process personal information from you which is of a sensitive nature. Where we do so we treat this information in accordance with the additional protection it is given under data protection laws. Sensitive personal information we collect may, with your consent, include details relating to your health in order that we can provide any additional support which you may need, or such other sensitive personal information as you may choose to voluntarily provide to us.
Personal data may be processed in Ireland, which is within the EEA and subject to UK-recognised adequacy decisions. Ireland operates under the same high standards of data protection, ensuring your data remains secure and protected. Where we transfer personal data outside the UK to a separate controller or processor and the transfer is a restricted transfer under UK data protection law, we will ensure that an appropriate transfer mechanism is in place, such as UK adequacy regulations, appropriate safeguards, or an applicable exception permitted by law.
Use of the information we collect
Your information will be used by us in connection with the following purposes:
Providing Services:
- To allow us to provide the asset or property management services which you have asked us to provide, or that we are contracted to provide on behalf of our clients including but not limited to:
- helping to sell your property;
- maintenance and compliance services; and
- valuation services;
- to take payment from you for the services which we provide;
- to arrange an energy performance certificate or home report inspection for you;
- to better understand your requirements and provide you with services specific to your needs;
- to improve our services by analysing your personal information so we better understand how you use our services;
- to keep our client records up to date;
Responding to Your queries:
- to help answer any questions which you have asked one of our agents or staff members;
- to provide you with a quote for our services;
Improving Our Site:
- to analyse cookie and website usage data to keep improving Our Site;
Legal and Regulatory Obligations:
- to comply with applicable laws where we are obliged to retain and/or disclose certain information;
- to investigate or address claims or complaints relating to your use of our services;
- for internal and external auditing purposes;
- to carry out anti-money laundering checks and to meet any obligation we may have to undertake ongoing monitoring of the business relationship we have with you;
- to comply with any other legal or regulatory obligations which apply to us;
Other:
- to transfer information to any entity which may acquire rights in us;
- to collect a debt which is owed to us.
The legal basis upon which we use your information
Wherever we collect or use your personal information, we will make sure we do this for a valid legal reason. This will be for at least one of the following purposes:
- Because it is necessary to fulfil the terms of our contract with you – if you have entered into a contract with us for example to provide you with asset or property management services;
- Because it is necessary for our legitimate interests, or the legitimate interests of a third party, to process your personal information, provided those interests are not overridden by your interests, rights and freedoms. Where we rely on legitimate interests, we will do so in a way that is proportionate, respects your privacy rights and is consistent with applicable data protection law. You have the right to object to processing carried out on this basis, as explained in the section on Your Rights below;
- To meet responsibilities we have to our regulators, tax officials, law enforcement, or otherwise meet our legal responsibilities;
- Where we have obtained a clear consent from you, we will always make it clear when we need your consent and how you can change your permissions at any time thereafter.
If we rely on a recognised legitimate interest under applicable UK data protection law for any specific processing activity, we will do so only where the law permits and where that basis is appropriate to the relevant activity.
What is the source of the information we collect?
The majority of the personal information which we collect will have been voluntarily provided by you, however we may also obtain your personal data from other sources including:
- other LSL Group companies;
- our clients, landlords and/or their professional advisers;
- third parties including credit reference agencies and law enforcement/regulatory bodies and companies who provide identification and verification services for money laundering compliance;
- online property portals such as Rightmove and Zoopla; and
- other publicly available sources such as the electoral roll and HM Land Registry.
Data Retention
The personal information that you provide will be retained by us in accordance with applicable laws and our internal Retention Policy. However, we will take reasonable steps to destroy or de-identify personal information we hold if it is no longer needed for the purposes set out above. We will only hold your personal information on our systems for as long as is necessary for the relevant purpose for which it was collected. A copy of our Retention Policy is available on request.
Disclosure of information
The information you provide to us will be held on our computers in the UK and may be accessed by or given to our staff or to any member of the LSL Group for the purposes set out in this Privacy Notice or for other purposes approved by you. We may also provide your personal information to other companies within the LSL Group and to LSL Group company franchisees for the purposes of administering our business or where services are provided by one LSL Group company to another pursuant to an intra-company services agreement.
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 at your property;
- estate agents, including for the purposes of marketing your property for sale, to inspect the condition of your property or to carry out a valuation;
- law enforcement bodies and/or other regulatory entities in order to comply with any legal obligation or court order including the police, HMRC and local authorities;
- auction houses where the property you are buying or selling is being sold by auction;
- third parties we work with as part of providing our services and their associated companies and subcontractors, including (but not limited to) IT administrators, inventory clerks, photographers, utility companies, surveyors, energy performance certificate companies, companies that facilitate electronic signature of documents and relocation agents;
- referencing companies to check your creditworthiness and to help prevent fraud and money laundering, the check will leave a soft ID footprint on your credit file which should not affect your credit rating;
- tracing agents to assist us in collecting any monies which you owe to us or our clients and where payment is overdue;
- our professional advisers, for the purpose of assisting us to better manage, support or develop our business and comply with our legal and regulatory obligations;
- third parties as necessary in the event of a claim or dispute relating to the use of our services;
- Propertymark a professional body responsible for raising professional standards amongst estate agents, where information relating to you is requested by them in order to protect your interests; and
- The Property Ombudsman scheme where they are providing an alternative dispute resolution service in connection with the property management services which we are providing.
These parties may be located in the UK or elsewhere in the world where different privacy laws may apply which may not offer the same level of protection as UK law. We only make these arrangements or transfers where we are satisfied that adequate levels of protection are in place to protect any information held in that country and that the service provider acts at all times in compliance with applicable privacy laws.
Third party websites
Our Site may contain links to other websites. We accept no responsibility or liability for the content of other websites which are not under our strict control, in particular, we are not responsible for the protection and privacy of any information which you provide whilst visiting other websites and such sites are not governed by our Privacy Notice.
Security
We employ 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 documentation is sent to us.
Data Breaches
We take all personal data breaches seriously. A personal data breach includes any incident that results in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data. Examples include loss of paper files, misdirected emails containing personal data, or failure to securely dispose of electronic records.
When a breach is suspected or identified, it is immediately escalated in line with our Incident Management Policy. This includes prompt internal reporting to the relevant Data Protection Officer and Information Security teams, investigation of the incident, and implementation of appropriate containment and recovery actions. Where required by law, including under the UK GDPR and PECR, we will notify the appropriate supervisory authority, including the Information Commissioner’s Office (ICO), without undue delay and, where applicable, within 72 hours of becoming aware of the breach. Where required, we will also notify affected individuals
Cookies
Our Site uses cookies and similar technologies, including cookies that are necessary for the operation of the Site and, where applicable, cookies used to understand visitor behaviour and improve our services. Where consent is required by law, we will ask for it before placing non-essential cookies on your device. To view more information about the cookies we use, the purposes for which we use them, and the choices available to you, please review our separate Cookies Policy.
Your rights
Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information.
- To access personal information
- To rectify / erase personal information
- To restrict the processing of your personal information
- To transfer your personal information
- To object to the processing of personal information
- To object to how we use your personal information for direct marketing purposes
- To obtain a copy of personal information safeguards used for transfers outside your jurisdiction
- To lodge a complaint with your local supervisory authority
If you wish to access any of the above-mentioned rights, we may ask you for additional information to confirm your identity and for security purposes, in particular before disclosing personal information to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
You can exercise your rights by contacting us using the details in the Contact section of this Privacy Notice. Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request promptly or inform you if we require further information in order to fulfil your request.
We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
Responses will be based on reasonable and proportionate searches of our systems and records. In some circumstances, and where legally required, a court may review the information identified before any disclosure is made.
Right to access personal information
You have a right to request that we provide you with a copy of your personal information that we hold and you have the right to be informed of; (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred.
Right to rectify or erase personal information
You have a right to request that we rectify inaccurate personal information. We may seek to verify the accuracy of the personal information before rectifying it.
You can also request that we erase your personal information in the following limited circumstances:
- where it is no longer needed for the purposes for which it was collected; or
- where you have withdrawn your consent (where the data processing was based on consent); or
- following a successful right to object (see right to object); or
- where it has been processed unlawfully; or
- to comply with a legal obligation to which we are subject.
We are not required to comply with your request to erase personal information if the processing of your personal information is necessary:
- for compliance with a legal obligation; or
- for the establishment, exercise or defence of legal claims.
Right to restrict the processing of your personal information
You can ask us to restrict the processing of your personal information, but only where:
- its accuracy is contested, to allow us to verify its accuracy; or
- the processing is unlawful, but you do not want it erased; or
- it is no longer needed for the purposes for which it was collected, but you still need it to establish, exercise or defend legal claims; or
- you have exercised the right to object, and verification of overriding grounds is pending.
We can continue to use your personal information following a request for restriction, where:
- we have your consent; or
- to establish, exercise or defend legal claims; or
- to protect the rights of another natural or legal person.
Right to transfer your personal information
You can ask us to provide your personal information to you in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller, but in each case only where:
- the processing is based on your consent or on the performance of a contract with you; and
- the processing is carried out by automated means.
Right to object to the processing of your personal information
You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests.
If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.
Right to object to how we use your personal information for direct marketing purposes
You can request that we change the manner in which we contact you for marketing purposes.
You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.
Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction
You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the European Union.
We may redact data transfer agreements to protect commercial terms.
Right to lodge a complaint with your local supervisory authority
You have a right to lodge a complaint with our supervisory authority (the contact details for which are set out in the Complaints section of this Privacy Notice) if you have concerns about how we are processing your personal information.
We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
Contact
If you have questions or comments about our Privacy Notice or if you wish to exercise your rights mentioned above, please contact:
Email: dataprotection@templetonprobate.co.uk
ICO Registration: z2361201
Post: Sebastian Caunter, Suite 131-132, 1st Floor, Regus, Longbrook House, New North Road, Exeter, EX4 4GL; or
Telephone: 01392 911091
Or to the Data Protection Officer responsible
Email: dataprotection@esurv.co.uk
Post: Shane Ross, e.surv Ltd, Unit 1, Orion Park, Orion Way, Kettering, Northants, NN15 6PP
Telephone: 01536 534000 / 07968604159
Complaints
Please attempt to resolve any issues with Templeton Probate Property Services in the first instance:
The address to write to is:
Templeton Probate Property Services, Suite 131-132, 1st Floor, Regus, Longbrook House, New North Road, Exeter, EX4 4GL
Or email complaints@templetonprobate.co.uk
If you have any concerns or complaints as to how we have handled your personal data you may lodge a complaint with the UK’s data protection regulator, the ICO, who can be contacted through their website at https://ico.org.uk/global/contact-us/ or by writing to Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Data Protection Complaints
If you have a concern or complaint about how we have collected, used, stored, shared or otherwise handled your personal data, you may make a data protection complaint directly to us.
You can make a data protection complaint by contacting our Data Protection Officer using the contact details set out in the Contact section of this Privacy Notice. You may contact us by email, post or telephone. You do not need to use any particular form of words or complete a specific form for us to treat your concern as a data protection complaint.
We will acknowledge receipt of your data protection complaint within 2 days of receiving it. We will then take appropriate steps to investigate and respond without undue delay, including making enquiries where appropriate and keeping you informed of progress where necessary. We will tell you the outcome of your complaint once our investigation is complete.
Making a data protection complaint directly to us does not affect your right to lodge a complaint with the Information Commissioner’s Office (ICO).