This Privacy Notice is provided by REAL ESTATE CAPITAL HOLDINGS LIMITED [THE COMPANY] (" or "we" or "us") registered in England and Wales under company number 12810125 with its registered office at Dominion Court, 39 Station Road, Solihull, England. B91 3RT - who is a 'controller' for the purposes of the General Data Protection Regulation (EU) 2016/679. This Privacy Notice applies to everyone who uses our website at [www.hayfieldhomes.co.uk] or buys a property from us.
We take your privacy very seriously. We ask that you read this Privacy Notice carefully as it contains important information about our processing and your rights.
If you need to contact us about this Privacy Notice, use the details below
· [Privacy Manager]: Natalie Hawkins
· Address: Dominion Court, 39 Station Road, Solihull. B91 3RT
· Telephone number: 0121 272 8899
· Email: Natalie on privacy@realestatecapitalholdings.co.uk
The Privacy Notice will be provided to you when you receive your contract with [THE COMPANY] [and the latest version can always be found at [realestatecapitalholdings.co.uk] [please contact the HR team or the Privacy Manager for a copy.]
We may change this Privacy Notice from time to time. We will alert you [by email and/or by posting a notice on our website] when changes are made.
Please familiarise yourself with the following words and phrases (used in bold) as they have particular meanings in the Data Protection Laws and are used throughout this Privacy Notice:
· Controller
This means any person who determines the purposes for which, and the manner in which, any personal data is processed.
· Criminal offence data
This means any information relating to criminal convictions and offences committed or allegedly committed.
· Data Protection Laws
This means the laws which govern the handling of personal data. This includes the General Data Protection Regulation (EU) 2016/679 and any other national laws implementing that Regulation or related to data protection.
· Data subject
The person to whom the personal data relates.
· ICO
This means the UK Information Commissioner's Office which is responsible for implementing, overseeing and enforcing the Data Protection Laws.
· Personal data
This means any information from which a living individual can be identified. This will include information such as telephone numbers, names, addresses, e-mail addresses, photographs and voice recordings. It will also include expressions of opinion and indications of intentions about data subjects (and their own expressions of opinion/intentions).It will also cover information which on its own does not identify someone, but which would identify them if put together with other information which we have or are likely to have in the future.
· Processing
This covers virtually anything anyone can do with personal data, including:· obtaining, recording, retrieving, consulting or holding it;· organising, adapting or altering it;· disclosing, disseminating or otherwise making it available; and aligning, blocking, erasing or destroying it.
· Processor
This means any person who processes the personal data on behalf of the controller.
· Special categories of data
This means any information relating to: racial or ethnic origin; political opinions; religious beliefs or beliefs of a similar nature; trade union membership; physical or mental health or condition; sexual life; orgenetic data or biometric data for the purpose of uniquely identifying you.
The information provided by you, the information we collect and the information we receive from third parties will be combined and used for the purposes set out below.
We will process information relating to you, any individuals purchasing a property jointly with you and sometimes people living with you.
If you provide to us any personal data relating to a third-party individual, usually a joint buyer or person living with you, you confirm and agree that you told that individual that you will provide their personal data to us for us to process in accordance with this Policy.
Information provided by you (or a joint buyer)
We collect the following information from you:
We use your personal data for the following purposes listed in this section. We are allowed to do so based on the legal grounds set out in the right-hand column and explained further in the next paragraph.
USE OF INFORMATION LEGAL GROUND FOR PROCESSING administer your account(s) with us and manage our relationship with you; Contract process applications submitted by you; Legitimate interest to prepare for sale of the property / Contract send you information about our products and services; Legitimate interest to market to potential buyers notify you about changes to our service; Legal obligation verify your identity; Legal obligation / Consent / Contract process and manage the sale and/or purchase of properties; Legitimate interest to prepare for sale of the property / contract notify utility suppliers and local authorities about purchases and sales of a property; Contract market properties and associated property options; Legitimate interest to market to potential buyers run and manage competitions and promotions; Legitimate interest to market to potential buyers carry out marketing analysis and make general improvements to the website and/or our services; Legitimate interest to market to potential buyers measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; Legitimate interest to market to potential buyers obtain your views or comments on the services we provide; Legitimate interest to market to potential buyers send you information we think you might find useful or which you have requested from us, including information about our products and services or those of carefully selected third parties provided you have indicated that you are happy to be contacted for these purposes .Legitimate interest to market to potential buyers
Personal data
We are allowed to process your personal data for the following reasons and on the following legal bases:
· Legitimate Interests
We are permitted to process your personal data if it is based on our ‘legitimate interests’ i.e. we have good, sensible, practical reasons for processing your personal data which is in the interests of [THE COMPANY]. To do so, we have considered the impact on your interests and rights and have placed appropriate safeguards to ensure that the intrusion on your privacy is reduced as much as possible. The table below explains the personal data processed on this basis.
You can object to processing that we carry out on the grounds of legitimate interests. See the section headed "Your Rights" to find out how.
· Contract
It is necessary for our performance of the contract you have agreed to enter with us. If you do not provide your personal data to us, we will not be able to carry out our obligations under the terms of your contract.
· Legal obligation
We are subject to legal obligations to process your personal data for the purposes of complying with applicable regulatory, accounting and financial rules, health and safety and to make mandatory disclosures to government bodies and law enforcements.
· Consent
Sometimes we want to use your personal data in a way that is entirely optional for you. On these occasions, we will ask for your consent to use your information. You can withdraw this consent at any time.
· Legal claims
We need to process your personal data if, we are required to process your personal data to defend or establish a legal claim.
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries as defined through Companies House.
We have listed below some of our key service providers that act as our processors who will have access to your personal data. If you would like to know the names of our other service providers, please contact us using the details at the start of this Privacy Notice.
We may share your information with selected third parties:
· Analytics and search engine providers that assist us in the improvement and optimisation of our site.
· In connection with the sale of a property to you, business partners, suppliers and contractors, mortgage providers, estate agents, the NHBC, utilities suppliers, local authorities and financial and legal advisors.
· With your consent, to carefully selected third parties who supply products/services that may be of interest to you e.g. financial and legal advisors, estate agents and recommended suppliers.
· In appropriate cases, personal data may also be shared with third parties for the prevention or prosecution of criminal activity.
We strive to implement appropriate technical and organisational measures in order to protect your personal data against accidental or unlawful destruction, accidental loss or alteration, unauthorised disclosure or access and any other unlawful forms of processing. We aim to ensure that the level of security and the measures adopted to protect your personal data are appropriate for the risks presented by the nature and use of your personal data. We follow recognised industry practices for protecting our IT environment and physical facilities.
The following categories of personal data and special categories of data will be kept for the following periods.
PERSONAL DATA/SPECIAL CATEGORIES OF DATA RETENTION PERIOD Personal data, such as:Purchaser/so Email addresses / Telephone numbers / Names / Addresses / photographs7 years from Warranty start date.Marketing data / data from Hayfieldhomes.co.uk For the duration of the development or otherwise notified by the individual
As a data subject, you have the following rights under the Data Protection Laws:
· the right to object to processing of your personal data;
· the right of access to personal data relating to you (known as data subject access request);
· the right to correct any mistakes in your information;
· the right to ask us to stop contacting you with direct marketing;
· the right to prevent your personal data being processed;
· the right to have your personal data ported to another controller;
· the right to withdraw your consent;
· the right to erasure; and
· rights in relation to automated decision making.
These rights are explained in more detail below. If you want to exercise any of your rights, please contact us (please see "How to contact us").
We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex, in which case we will respond within three months.
Please be aware that there are exceptions and exemptions that apply to some of the rights which we will apply in accordance with the Data Protection Laws.
You may object to us processing your personal data where we rely on a legitimate interest as our legal grounds for processing.
If you object to us processing your personal data, we must demonstrate compelling grounds for continuing to do so. We believe we have demonstrated compelling grounds in the section headed "How is processing your personal data lawful".
You may ask to see what personal data we hold about you and be provided with:
· a copy of the personal data;
· details of the purpose for which the personal data is being or is to be processed;
· details of the recipients or classes of recipients to whom the personal data is or may be disclosed, including if they are overseas and what protections are used for those overseas transfers;
· the period for which the personal data is held (or the criteria we use to determine how long it is held);
· any information available about the source of that data; and
· whether we carry out an automated decision-making, or profiling, and where we do information about the logic involved and the envisaged outcome or consequences of that decision or profiling.
To help us find the information easily, please provide us as much information as possible about the type of information you would like to see.
You can require us to correct any mistakes in your information which we hold. If you would like to do this, please let us know what information is incorrect and what it should be replaced with.
You may request that we stop processing your personal data temporarily if:
· you do not think that your data is accurate. We will start processing again once we have checked whether or not it is accurate;
· the processing is unlawful, but you do not want us to erase your data;
· we no longer need the personal data for our processing, but you need the data to establish, exercise or defend legal claims; or
· you have objected to processing because you believe that your interests should override our legitimate interests.
You may ask for an electronic copy of your personal data which we hold electronically and which we process when we have entered into a contract with you. You can also ask us to provide this directly to another party.
You may withdraw any consent that you have given us to process your personal data at any time. This means that we will not be able to carry out any processing which required use of that personal data.
You can ask us to erase your personal data where:
· you do not believe that we need your data in order to process it for the purposes set out in this Privacy Notice;
· if you had given us consent to process your data, you withdraw that consent and we cannot otherwise legally process your data;
· you object to our processing and we do not have any legitimate interests that mean we can continue to process your data; or
· your data has been processed unlawfully or have not been erased when it should have been.
You have the right to have any decision that has been made by automated means and which has a significant effect on you reviewed by a member of staff and we will consider any objections you have to the decision that was reached.
You may be entitled to compensation for damage caused by contravention of the
It is important that you ensure you have read this Privacy Notice - and if you do not think that we have processed your data in accordance with this notice - you should let us know as soon as possible. You may also complain to the ICO. Information about how to do this is available on his website at www.ico.org.uk.