What this Notice is about
My Property and Home Ltd takes privacy very seriously. This Privacy Notice explains why we hold and how we use the personal information you provide to us and who we share it with. We collect and handle personal information to enable us to provide the services you request from us.
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 information we collect and hold about you. Under data protection legislation we can only process data “as necessary” and only to the extent that it is needed. However, in certain instances, as necessary, we can share any of your data, e.g. with the police/law enforcement agencies or regulatory authorities.
What personal data do we hold
Reference information (e.g. payslips, bank statements landlord references, employer references, credit scores, etc.)
Identification including passport / driving licence where applicable
We may also collect and receive data about you from third parties. Public bodies such as local authorities or the police, or other law enforcement agencies may give us information about you.
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 contractors/ suppliers; utilities and service providers; trades people; financial organisations (including banks and insurance companies); debt collection and tracing agents; public and government bodies; courts; police and law enforcement agencies; taxation authorities; local authorities in relation to Council Tax and regulatory functions including statutory licensing schemes applicable to the property; and any future owner of the property. We also send notifications to and have correspondence with any tenancy deposit scheme protecting any tenancy deposit which has been paid. In some cases, we may be under a legal obligation to provide information either because of the law or because of a contractual obligation binding on us. We may also share information with third parties to protect the rights, property or safety of My Property and Home Ltd, and its staff. What we share will depend on what is necessary in the circumstances.
Why we collect data and the legal basis for processing your personal data
We must 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:
Your consent. Consent may be requested in certain cases but generally we do not rely on your consent to process your personal data.
To perform a contract to which you are a party with us and to ensure that responsibilities under any tenancy agreement with you can be met and carried out.
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 in operating our business and/or providing you with goods and services or a legitimate interest of a third party. This will not apply if our interests are overridden by your interests or your fundamental rights and freedoms. We must 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.
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:
To administer and manage our relationship with you, including to set up and manage a tenancy agreement and to manage the property
To provide you with the services you request from us
To deal with any enquiries we receive from you
To comply with applicable laws, regulations and rules
For the purposes of recovery of a debt in case of non- payment
We may process your information without your knowledge where this is required or permitted by law.
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 your tenancy or the property. 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 the time you remain a client of ours and for a period of seven years after you cease to be a client. This is the statutory limitation period should court proceedings be commenced. We are also required to retain information for up to seven years for tax purposes.
All our information is stored securely electronically on servers or devices. Certain information is also retained on a secure basis in hard copy format.
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 email@example.com or you can telephone us on 07742 847 897. You can also write to us at Pound House, 62a Highgate High Street, London N6 5HX. Any information to which you are entitled will be provided within 1 month of the request subject to the exemptions stipulated in applicable data protection laws.
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.
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.
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's Office
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.
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 law. We also need to do so to ensure the tenancy contractual obligations are fulfilled. 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 will not keep your personal information longer than is necessary and will delete/destroy data once it is no longer needed. This is a requirement of data protection law. We delete/destroy your personal information data within 6 years of you ceasing to be a client of My Property and Home Ltd.