AGENT’S gdpr Privacy Notice to landlord-Personal Data Fair Processing Notice

Personal Data Fair Processing Notice

This notice explains what information I/we collect, when I/we collect it and how I/we use this. During the course of our activities, I/we will process personal data (which may be held on paper, electronically, or otherwise) about you and I/we recognise the need to treat it in an appropriate and lawful manner. The purpose of this notice is to make you aware of how I/we will handle your information.

Property Trader Nts Letting and Sale ] at #[113-114 Commercial Road ,Newport City NP20 2GW , (“I”Mohammed Athar Rashid “we””/ “us”) take the issue of security and data protection very seriously and strictly adhere to guidelines published in the General Data Protection Regulation (EU) 2016/679 which is applicable from the 25th May 2018, together with any domestic laws subsequently enacted.

I/we am/are notified as a Data Controller with the Office of the Information Commissioner under registration number #ZA326361 and I/we am/are the data controller of any personal data that you provide to us.

Our Data Protection Officer is # [Mohammed Athar Rashid contact details].

Any questions relating to this notice and our privacy practices should be sent to #[Property Trader Nts Letting and Sales – Business Owner Mohammed Athar Rashid -Address : 113-114 Commercial Road Newport City NP20 2GW / Tel:01633 46100 – E mail- info@propertytrader1.co.uk

How I/we collect information from you and what information I collect

I/we collect information about you:

From your application for accommodation
#[insert any other sources].

I/ we collect the following information about you:

Tenant name, e-mail address, telephone number, Date of Birth, address (including any previous addresses), marital status, National Insurance Number, nationality, next of kin, name of university or college where you are studying (if applicable), the name of friends that you are staying with (if applicable);
Guarantor name, e-mail address, telephone number, Date of Birth, address (including any previous addresses), marital status, National Insurance Number, nationality, next of kin (if applicable);
Property address; term, rent, deposit, utility and service responsibilities;
The employment status of tenants and/or guarantors, address, contact details (including email, phone and fax numbers) of the employer/accountant, payroll numbers, length of employment, salary information (including any regular overtime or commission), and any other income received;
Bank account details of the tenant, including account number and sort code, and any hire purchase/loan agreements/credit cards or store cards that you have; and
Any welfare benefits that you may be eligible for, or are currently on.

Why I/we need this information about you and how it will be used

I/ we need your information and will use your information:

to undertake and perform our obligations and duties to you in accordance with the terms of our contract with you;
to enable us to supply you with the services and information which you have requested;
to help you to manage your tenancy;
to carry out due diligence on any prospective tenant and/or guarantor, including whether there is any money judgements against them, or any history of bankruptcy or insolvency;
to analyse the information we collect so that we can administer, support and improve and develop our business and the services we offer;
to contact you in order to send you details of any changes to our suppliers which may affect you; and
for all other purposes consistent with the proper performance of our operations and business.

Sharing of Your Information

Drafting note: This section sets out details of when and how any personal data will be shared with third parties. It is important that data subjects are aware of the circumstances where their personal data may be shared and this section should be comprehensive.

The information you provide to me/us will be treated by me as confidential /[and will be processed only by any third party, acting on my behalf, within the UK/EEA] (*Delete if not applicable)

Drafting note: Check whether data is processed (particularly by IT support providers and other online facilities)- see section below.

I/we may disclose your information to other third parties who act for us for the purposes set out in this notice or for purposes approved by you, including the following:

If I/we enter into a joint venture with or merge with a business entity, your information may be disclosed to our new business partners or owners;
To carry out due diligence on you as a prospective tenant/ guarantor, including but not limited to the carrying out of affordability checks, due diligence checks and the obtaining of references from relevant parties, whose data you have provided;
If you request so, your information shall be disclosed in order to determine if there are any money judgements against you, as the prospective tenant/guarantor, or to determine if they have a history of bankruptcy or insolvency;
If you are unable to make payments under your tenancy, your information may be disclosed to any relevant party assisting in the recovery of this debt or the tracing of you as a tenant; and
In the creation, renewal or termination of the tenancy, your information will be disclosed to the relevant local authority, tenancy deposit scheme administrator, service/utility provider, freeholder, factor, facilities manager or any other relevant person or organisation in connection with this.

Unless required to do so by law, I/we will not otherwise share, sell or distribute any of the information you provide to me/ us without your consent.

Transfers outside the UK and Europe

Drafting note: If personal data will be transferred outside the EEA it is important that data subjects are aware of this. As the approach post Brexit is unclear, you may wish to include details of transfers outside the UK specifically. If personal data is stored in the cloud the location of the servers should be confirmed and if outside the UK/EEA this should be stated in this notice. This is something that individual member organisations will need to check.

#[Your information will only be stored within the UK and EEA]/ [IProperty Trader Nts Letting and Sales – Business Owner Mohammed Athar we may transfer your information outside the UK and/or EEA]: (*delete as appropriate)

#[insert situations where personal data is transferred outside UK/EEA] (*delete if not applicable)

Where information is transferred outside the UK or EEA, I/we ensure that there are adequate safeguards in place to protect your information in accordance with this notice, including the following:

#[Insert basis for transfer and relevant safeguards (e.g. decision by the Commission that the third country has adequate safeguards/ details of appropriate security provisions in place.)]

Security

Drafting note: It is important that personal information is stored securely and appropriate technical measures are taken to protect this information. This section should set out details of the security measures in place.

When you give Property Trader Nts Letting and Sales – Business Owner Mohammed Athar Rashid information I/will take steps to make sure that your personal information is kept secure and safe.

#[insert further details of security processes]

Drafting note: the individual member organisation will require to confirm their own security measures that are in place and will require to update their FPN with these details. Alternatively, you could provide a link to the organisation’s Data Protection/ Privacy Policy.

How long we will keep your information

Drafting note: It is important that personal data is not stored for any longer than it is reasonably required. Data subjects should be notified of how long personal data is stored for, or if this is not possible, then details of the criteria used to determine how long personal data will be kept for. The wording below provides some generic wording, however, this should be

updated/specific for each type/use of personal data.

I/we review my data retention periods regularly and will only hold your personal data for as long as is necessary for the relevant activity, or as required by law (I/we may be legally required to hold some types of information), or as set out in any relevant contract I have with you.

My/our full retention schedule is available at #[insert where data subject can source retention schedule (e.g. website or in our office)].

Your Rights

You have the right at any time to:

ask for a copy of the information about you held by me/ us in my records;
require me/ us to correct any inaccuracies in your information;
make a request to me/ us to delete what personal data of yours I/ we hold; and
object to receiving any marketing communications from me/ us.

If you would like to exercise any of your rights above please contact me/us at #[info@ntspt.com]

Should you wish to complain about the use of your information, I/ we would ask that you contact me/ us to resolve this matter in the first instance. You also have the right to complain to the Information Commissioner’s Office in relation to my/ our use of your information. The Information Commissioner’s contact details are noted below:

AGENT’S gdpr Privacy Notice to landlord

Data controller: Mohammed Athar Rashid T/A Property Trader Nts Letting & Sales

Introduction

Mohammed Athar Rashid T/A Property Trader Nts Letting & Sales is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you.

Mohammed Athar Rashid T/A Property Trader Nts Letting & Sales collects, stores and processes personal data relating to landlords and prospective landlords, in order to provide.

a lettings service to find a tenant and set up the tenancy;
a lettings service to find a tenant and set up the tenancy (including a deposit holding service);
a lettings service to find a tenant and set up the tenancy and provide a rent collection service; and
a fully managed property service.
a tenant find service
a rent collection service

This privacy notice sets down what personal information the Agent collects, why it is collected, how it is held and what information is processed by the Agent and with whom.

The Agent is committed to protecting the privacy and security of your personal information. The Agent is committed to being clear and transparent about how it collects and uses that data and to meeting its data protection obligations.

Data Protection PrinciplesThe Agent will comply with data protection law. This means that the personal information we hold about you must be:

Used lawfully, fairly and in a transparent way;
Collected only for valid purposes that we have explained to you clearly and not used in any way that is incompatible with these purposes;
Relevant to the purposes we have told you about and limited to those purposes only;
Accurate and kept up to date;
Kept only for such time as is necessary for the purposes we have told you about; and
Kept securely.

What information does the Agent collect and process?

The Agent collects and processes a range of personal information (personal data) about you. Personal data means any information about an individual from which the person can be identified. If you are already a client, some of the points below may not be relevant to you. This includes:

Identity and personal contact details, such as your name, title, address, email address, telephone number;
Bank account details;
Proof of ownership;
Accounting records;
Letting and management records;
Insurance information;
Licence applications;
Details of mortgages;
Lender restrictions;
Tenancy deposit information (if any);
Repair and health and safety records;
Breach of tenancy terms/complaints;
Council Tax and utilities records;
Notices and correspondence regarding termination of tenancy;
CCTV and audio recordings (if any);
General correspondence in all formats (letters, emails, text messages etc); and
Data sent from web browser to the Agent’s server (including pages visited and time and date and duration on the Agent’s server).

The Agent collects this information in a variety of ways. For example, data is collected from you at the beginning of the process, and throughout our period of instruction. The Agent also generates its own records.

In some cases, the Agent may collect personal data about you from third parties, such as:

Other tenants, residents or neighbours;
Guarantors;
Local authorities;
The police or other law enforcement agencies;
Department for Work and Pensions;
Utility companies or service providers;
Other letting/managing agents; and
Websites or online rental portals such as Rightmove.

Data is stored in a range of different places, including in paper files and in the Agent’s IT systems (including the Agent’s email system).

Why does the Agent process personal data?

The Agent needs to process data to perform the terms of our lettings service as agreed between you and the Agent.

In addition, the Agent needs to process data to ensure that we are complying with our legal obligations, for example, sharing personal information with a deposit scheme by which any deposit is protected.

In other cases, the Agent has a legitimate interest in processing personal data before, during and after our period of instruction.

Situations in which we will use your personal information

Situations in which we will process your personal information are listed below<<list below, expanding as necessary>>:

To enter into a tenancy agreement;
To collect rent and other payments;
To manage the tenancy and the property;
To arrange an energy performance certificate;
To arrange an inventory check or report on the condition of the property;
To keep accurate records relating to the Agent’s rental business;
To arrange repairs and maintenance of the property;
To recover debts and/or obtain possession of a property;
To ensure Council Tax and utilities charges are billed and paid appropriately;
To ensure that welfare benefits (such as Universal Credit and housing benefit) are paid to you (where appropriate);
To handle tenancy termination;
To handle complaints;
To create and keep audio and CCTV recordings;
To provide information to public or local authorities who are legally entitled to require this information;
To contact next of kin or close relatives in case of emergency;
To store emails, records of calls and other communications;
To comply with legal and regulatory requirements;
To bring and defend legal claims;
To take payment for the services provided by the Agent;
To perform our terms of business with you; and
To provide you with general updates in relation to the property market and information relating to the Agent’s services in accordance with your express consent.

If you fail to provide personal information

If you do not provide certain information when requested, the Agent may not be able to provide its lettings services.

Change of purpose

The Agent will only use your personal information for the purpose for which it was collected unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will advise you of this and explain the legal basis which allows us to do so.

You should be aware that we may process your personal information without your knowledge or consent where this is required or permitted by law.

Use of sensitive personal information

Some special categories of personal data are processed to comply with legal obligations (for example, in relation to health and safety purposes).

For how long do you keep data?

The Agent will only hold your personal data for as long as is necessary to fulfil the purposes we collected it for, including any legal, accounting or reporting requirements. The period for which your data is held after the end of a tenancy is three years. The period for which your data is held is one year for a potential landlord who does not contract with the Agent for its services.

Who is data shared with?

Your information will be shared internally, including with <<state e.g. other staff members>>.

The Agent also shares your data with third parties where required by law, where it is necessary in order to administer the relationship with you or where we have another legitimate interest in doing so. Information can be shared with:

Professional advisers, including solicitors and accountants;
Freeholder and/or their managing agent (for property in block of flats);
Debt collectors and tracing services;
Local authorities and government/public bodies;
Ombudsman/redress schemes;
Professional body/regulator;
Courts/Tribunals;
Police/enforcement agencies;
Internet service providers;
Banks/building societies;
Tenant’s/resident’s next of kin or close relatives in case of emergency;
Joint tenants and other residents;
Guarantors;
Joint owners of the property;
Tenancy Deposit Schemes;
Universal Credit/housing benefit/other benefit administrator;
H M Revenue and Customs;
Council Tax authority;
Utilities and service providers;
Future owners of the property;
Contractors and trades people providing services at the property;
Prospective purchasers of property;
Other – give details.

[The Agent will not transfer your data to countries outside the European Economic Area.

How does the Agent protect data?

The Agent takes the security of your data seriously. The Agent has internal policies and controls in place to prevent your data being lost, accidentally destroyed, misused or disclosed. Details of these measures are available on request.

When the Agent engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please be sure to keep us informed if your personal information changes during our period of instruction.

Your Rights

As a data subject, you have a number of rights. You can:

access and obtain a copy of your data on request (known as a “data subject access request”);
require the Agent to change incorrect or incomplete data;
request erasure of your personal information. This enables you to ask the Agent to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing;
object to the processing of your data, if you believe your fundamental rights and freedoms outweigh our legitimate interests; and
ask the Agent to suspend the processing of your personal data for a period of time if data is inaccurate or there is a dispute about its accuracy or the reason for processing it.

If you would like to exercise any of these rights, or you have any questions about the privacy notice, please contact Property Manager, Mohammed Athar Rashid.

If you believe that the Agent has not complied with your data protection rights, you have the right to make a complaint to the Information Commissioner’s Office.

ICO Certificate Registration Certificate 2

I acknowledge receipt of the Agent’s GDPR Privacy Notice to Landlord and confirm that I have read and understood it.

England:

Information Commissioner’s Office

Wycliffe House, Water Lane

Wilmslow, Cheshire, SK9 5AF

Telephone: 0303 123 1113

Email: casework@ico.org.uk

Scotland:

The Information Commissioner’s Office

45 Melville Street, Edinburgh, EH3 7HL

Telephone: 0131 244 9001

Email: Scotland@ico.org.uk

Wales

Information Commissioner’s Office

2nd floor, Churchill House

Churchill way, Cardiff, CF10 2HH

Telephone: 029 2067 8400

Email: wales@ico.org.uk

Northern Ireland:

Information Commissioner’s Office

3rd Floor, 14 Cromac Place

Belfast, BT7 2JB

Telephone: 028 9027 8757

Email: ni@ico.org.uk

The accuracy of your information is important to me – please help me/us keep my/our records updated by informing me/ us of any changes to your email address and other contact details.