1. Purpose of this Policy
Ellmans respects your privacy and is committed to protecting your personal data. This privacy notice provides information on how Ellmans collects and processes your personal data. Our website and our services are not intended for children and we do not knowingly collect data relating to children. The law on data protection provides that a company may collect and process personal data. It sets out the legal basis by which we may collect and process your data. We are able to do this:
- With your consent; or
- In specific situations where we need your personal data in order to comply with our contractual obligations in connection with the services we provide to clients or act as intermediary between landlord and tenant; or
- If the law requires us to; or
- Where we require your personal data to pursue our legitimate interest in a way which might reasonably be expected as part of running our business and it does not materially impact your rights, freedom or interests.
2. About Us
Ellmans is the trading name of Ellman Henderson Limited. Ellmans is the controller and responsible for your personal data.
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
Name or title of data privacy manager: Claire Perry-Riquet
Email address: firstname.lastname@example.org
Postal address: 43 Church Road, Hove BN3 2BE
Telephone number: 01273 737241
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
3. Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
4. Third-party website links
Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
5. The data we collect about you
Personal data, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data. The data may include:
• Your name, marital status, title, date of birth and gender.
• Contact details such as your address, email address and telephone numbers.
• Financial information such as bank account and payment card details.
• Technical data which may include internet protocol (IP) address.
• Profile Data includes your interests, preferences, feedback and survey responses.
• Processing personal data captured by CCTV systems, acting as an intermediary between landlord and tenant in these circumstances.
• Usage Date includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We may on occasion collect any Special Categories of Personal Data about you (this may include details about your religious beliefs).
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you to provide services. In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
6. How do we collect your personal data?
We use different methods to collect data from and about you including:
• When you visit our website and enter information online.
• When you request that we provide a service to you.
• When you engage with us on social media.
• When you contact us by any means e.g. with queries, to report disrepair, or complaints.
• When you provide feedback to us on our services.
• When you fill in any forms.
• When you make payment of any sums due.
• When you’ve given a third party permission to share with us the information they hold about you.
• When a previous agent, or Landlord at a property we manage passes this information to us.
• When clients or Landlord at a property passes information to us regarding personal data captured by CCTV.
• We collect data from publicly-available sources (such as Land Registry) when you have given your consent to share information or where the information is made public as a matter of law.
• As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
7. How and why we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation, and where we may act as intermediary between landlord and tenant in these circumstances.
Examples of how and when we may use are as follows:
• To respond to any reports of disrepair, queries or complaints concerning a property that we manage.
• To communicate with you about the services we are providing.
• To communicate with you concerning rent or service charge due or paid.
• To protect our business and your account from fraud and other illegal activities.
• To process payments and to prevent fraudulent transactions.
• With your consent, we will use your personal data, preferences and details of your transactions to keep you informed by email, web, text, telephone and through our contact centres about relevant products and services including tailored special offers, discounts, promotions, events, competitions and so on.
• To send you communications required by law or which are necessary to inform you about our changes to the services we provide you.
• To comply with our contractual or legal obligations to share data with law enforcement agencies.
• To book/arrange appointment requests (for example with a surveyor or contractor attending the property).
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us and needed in connection with the service we are contracted to provide.
8. Third-party marketing
We will get your express opt-in consent before we share your personal data with any company outside Ellmans for marketing purposes.
9. Who do we share your data with We may have to share your personal data with trusted third parties. Examples include:
• IT companies who support our website and other business systems.
• Contractors such builders, plumbers, electricians, pest control.
• Professionals such as surveyors, accountants, engineers or solicitors.
• Insurance brokers or insurance providers.
We only provide the information they need to perform their specific service, and require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
10. How we keep your data safe
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.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
11. How long we retain your personal data
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
12. Your rights over your personal data
Under certain circumstances, you have rights under data protection laws in relation to your personal data, which include a right to request:
• Access to your personal data.
• The correction of your personal data.
• Erasure of your personal data.
• We cease using your personal data for marketing.
• That any consent previously given to data use be withdrawn.
If you have any questions, please do not hesitate to contact our data privacy manager on the details at 2 above.