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PRIVACY POLICY

 

INTRODUCTION

At Henrys Simms we take your privacy very seriously and ask that you read this Privacy Policy carefully as it contains important information on how & why we collect, store, use and share your personal information.

 

  1. WHO ARE WE?

We are two sister companies both located at the same office address of 2 Marshall Street, Heanor, Derbyshire, DE75 7AT.

We are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom), for which purpose we are known as the Data Controller.

Henrys Simms Estate Agents

Henrys Simms Lettings Agents Ltd – A company registered in England with company number 09209454.

 

  1. THE TYPE OF INFORMATION DO WE COLLECT

Clients – vendors and landlords

Information we collect from your solicitor or directly from yourself:

  • Name
  • Contact details (address, telephone number(s), email address)
  • Property address
  • If leasehold, details of lease
  • Mortgage information
  • Details of your solicitor/financial adviser
  • Copy of ID documents (driving licence/passport and copy utility bill)
  • Details of any other properties if required
  • Bank details

 

Applicants – mailing list

Information we collect from you:

  • Name
  • Contact details (address, telephone number(s), email address)
  • Mortgage position

 

Property Purchasers

Information we collect from you:

  • Name
  • Contact details (address, telephone number(s), email address)
  • Mortgage information
  • Details of your solicitor/financial adviser
  • Copy of ID documents (driving licence/passport and copy utility bill)

 

Tenants

Information we collect from you:

  • Name
  • Contact details (address, telephone number(s), email address)
  • Details of your current landlord/letting agent
  • Copy of ID documents (driving licence/passport and copy utility bill)
  • Personal information (marital status, date of birth, nationality, credit score working status, next of kin)

 

  1. HOW WE USE YOUR PERSONAL INFORMATION

We will typically collect and use this information for the following purposes:

 

Clients – vendors and landlords

  • To carry out our obligations arising from any contracts entered into between you and us
  • To notify you about changes in our service
  • For the purposes of the legitimate interests of our business of those of a third party, but only if these are not overridden by your interests, rights or freedoms.

 

Applicants – mailing list

  • To provide you with information about properties for sale and for let

 

Property Purchasers

  • To arrange sale of property to you and keep the chain moving.
  • To provide you with information about properties for sale and for let.
  • For the purposes of the legitimate interest of our business or those of a third party, but only if these are not overridden by your interests, rights or freedoms.

 

Tenants

  • To carry out referencing checks for you to secure a property to let via third parties, these being Legal for Landlords and your current landlord/letting agent.
  • To carry out our obligations arising from our contract with the landlord, this being property inspections and arranging any repairs and maintenance to be addressed.

 

  1. WHO WE SHARE YOUR PERSONAL INFORMATION WITH

We routinely share the following categories of personal data:

We will share personal information with law enforcement or other authorities if required by law.

 

Clients (vendors and landlords) and Property Purchasers

Name, address, telephone number, date of birth, mortgage information may be shared with (where appropriate):

  • Solicitors for vendors and purchasers
  • Other estate agents in the transaction chain
  • Surveyors
  • Other professional bodies (energy performance assessor, workmen, anti-money laundering referencing companies, utilitel, deposit protection scheme)
  • Statutory authorities
  • Our professional advisers (accountant)
  • Professional bodies (PropertyMark, Ombudsman)

 

Applicants

  • Professional bodies (PropertyMark, Ombudsman)

 

Tenants

Name, address, telephone number may be shared with (where appropriate):

  • Legal for Landlords for referencing checks
  • Other letting agents for obtaining or giving a reference
  • Professional bodies (energy performance assessor, plumbers, electricians and other workmen, utilitel, deposit protection scheme)

 

  1. WHERE YOUR PERSONAL INFORMATION MAY BE HELD

Information may be held at our office on our Bluecoat Software as well as third party service providers and representatives as described above.

 

We have security measures in place to seek to ensure that there is appropriate security for information we hold, including those measures detailed in our GDPR data protection policy.

 

6.HOW LONG YOUR PERSONAL INFORMATION WILL BE KEPT

Clients (vendors and landlords), Property Purchasers and Tenants

Your information will be kept for six years after the date of our last correspondence.

 

Applicants – mailing list

Your information will be kept for 6 months

 

  1. REASONS WE CAN COLLECT AND USE YOUR PERSONAL INFORMATION

Clients (vendors and landlords), Purchasers and Tenants

The lawful basis on which we collect and use your personal data is CONTRACT.

 

Applicants – mailing list

The lawful basis on which we collect and use your personal data is CONSENT.

 

  1. TRANSFER OF YOUR INFORMATION OUTSIDE OF THE EEA

We are not aware of any transfer of information outside of the EEA.

 

  1. YOUR RIGHTS

Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:

  • Fair processing of information and transparency over how we use your personal information.
  • Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address.
  • Require use to correct any mistakes in your information which we hold.
  • Require the erasure of personal information concerning you in certain situations.
  • Received the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations.
  • Object to any time to processing of personal information concerning you for direct marketing.
  • Object to decisions being taken by automated means which produce legal effects concerning you or similarly affect you.
  • Object in certain other situations to your continued processing of your personal information.
  • Otherwise restrict our processing of your personal information in certain circumstances.
  • Claim compensation for damages cause by our breach of any data protection laws.

 

For further information on each of those rights, including the circumstance in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.

 

If you would like to exercise ant of those rights, please:

Email victoria.baldwin@henrys-simms.co.uk

Or telephone 01773 715790

Or write to Victoria Baldwin at 2 Marshall Street, Heanor, Derbyshire, DE75 7AT

  • Let us have enough information to identify you (eg full name, address and property address)
  • Let us have proof of your identity and address
  • Let us know the information to which your request relates

 

  1. KEEPING YOUR PERSONAL INFORMATION SECURE

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or access in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorise manner and are subject to a duty of confidentiality.

 

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

 

  1. HOW TO COMPLAIN

We hope that we can resolve any query or concern you raise about our use of your information.

 

The General Data Protection Regulation also give you the right to lodge a complain with a supervisory authority, in particulars in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted on:

https://ico.org.uk/concerns or telephone 0303 123 1113.

 

  1. CHANGED TO THIS PRIVACY POLICY

This privacy policy was last updated on 24th April 2019

We may change this privacy policy from time to time and our website will be updated accordingly.

 

  1. ADDITIONAL HELP

If you would like an additional copy of this notice or would like a large print version please contact us (details in Section 9)

 

Henrys Simms Estate Agents

Henrys Simms Lettings Agents Ltd

March 2019