Privacy Policy
Introduction
Purpose
Tate Residential is committed to being transparent about how it collects and uses the personal data of its Landlords, Tenants and Applicants and to meeting its data protection obligations. This policy sets out Tate Residential’s commitment to data protection, and individual rights and obligations in relation to personal data.
This policy applies to the personal data of rental and sale Applicants, Tenants, Guarantors, Landlords, Freeholders and Leaseholders referred to as property-related personal data (PRPD).
Tate Residential has appointed Paul Tate as its data protection officer. His role is to inform and advise Tate Residential on its data protection obligations. He can be contacted at GDPR@tateresidential.co.uk. Questions about this policy, or requests for further information, should be directed to the data protection officer.
What information does Tate Residential collect?
Tate Residential collects a range of information. Where required for the performance of our role as real estate agent this may include:
- your name, address and contact details, including email address and telephone number;
- details of your rental history;
- information about your current level of remuneration
- your property information
- bank accounts details
- information about your right to rent in the UK.
- proof of identity for anti-money laundering compliance
Tate Residential may collect this information in a variety of ways. For example, data might be contained in application forms or obtained from your passport or other identity documents. Tate Residential may also collect personal data about you from third parties, such as references supplied by employers, previous landlords referencing companies, or the World Wide Web.
Why does Tate Residential process personal data?
Tate Residential needs to process data to coordinate real estate transactions. We will need to process your data to enter into a contract with you or to enable a contract between a Landlord and Tenant, Vendor and Purchaser or the management of Freehold-Leasehold property or just to manage or advise on property.
In some cases, Tate Residential needs to process data to ensure that it is complying with its legal obligations. For example, right to rent and anti-money laundering regulations, auditing of company accounts and requirements from government bodies such as HMRC.
Tate Residential has a legitimate interest in processing personal data during the real estate process and for keeping records of the process. Tate Residential may also need to process data to respond to and defend against legal claims.
Tate Residential will not use your data for any purpose other than the real estate purpose for which you have applied or enquired including our services.
Who has access to data?
Tate does not sell on any PRPD
Your information may be shared internally for the purposes of the real estate transactions and property management. Tate Residential will not share your PRPD with third parties, unless it is for the proper performance of real estate activities, property management and or required by law.
Tate Residential may pass contact details to trusted contractors (plumbers, electricians etc) so that they may properly complete their real estate duties on property we manage.
Tate Residential will not transfer your data outside the European Economic Area unless it is for the specific purpose of contacting a Freeholder, Leaseholder, Vendor, Purchaser, Landlord, Applicant, Tenant or Guarantor and or their Advisors who reside outside the European Economic Area, in order to undertake a real estate transaction or property management.
For the purposes of Data storage, management and communication Tate utilise the services of external expertise:
Rackspace https://www.rackspace.com/en-gb/information/legal/privacystatement/privacy-shield
PMX Axia: Completed contractor confidentiality agreement
Focus Micro: Completed contractor confidentiality agreement
Expert Agent: Completed contractor confidentiality agreement
Veri Check: Completed contractor confidentiality agreement
Docusign: https://www.docusign.com/blog/docusign-reaches-another-milestone-global-expansion-bcr-approval/
Barclays Bank: https://www.barclays.co.uk/journal/gdpr/
The Tenant Deposit Scheme: https://www.tenancydepositscheme.com/independent_landlords/privacy-policy.html
We will not disclose information you provide to third parties other than as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation (we will always aim to ensure that your privacy rights will continue to be protected) or for the purpose of fulfilling legal or contractual requirements.
Where necessary, or for the reasons set out in this policy, personal information may also be shared with regulatory authorities, courts, tribunals, government agencies and law enforcement agencies. While it is unlikely, we may be required to disclose your information to comply with legal or regulatory requirements. We will use reasonable endeavours to notify you before we do this, unless we are legally restricted from doing so.
Data protection
Tate Residential processes personal data in accordance with the following data protection principles:
- Processing personal data lawfully, fairly and in a transparent manner.
- Collecting personal data only for specified, explicit and legitimate purposes.
- Processing personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.
- Keeping accurate personal data and taking all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.
- Keeping personal data only for the period necessary for processing and if required by law.
- Adopting appropriate measures to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.
Tate Residential tells individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing in its privacy notices. Tate Residential will not process personal data of individuals for other reasons.
Where Tate Residential processes special categories of personal data or criminal records data to perform obligations or to exercise rights in property law, this is done in accordance with a policy on special categories of data and criminal records data.
Tate Residential will update personal data promptly if an individual advises that his/her information has changed or is inaccurate.
Personal data gathered during the property process is held in the individual’s property file (in hard copy or electronic format, or both), and on software systems.
The transmission of information via the internet is never completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your electronic information transmitted to us and any transmission is at your own risk.
Tate Residential keeps a record of its processing activities in respect of property-related personal data in accordance with our interpretation of the requirements of the General Data Protection Regulation (GDPR).
Individual rights
Subject access requests
Individuals have the right to make a subject access request. If an individual makes a subject access request, Tate Residential will tell him/her:
- whether or not his/her data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;
- to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers
- for how long his/her personal data is stored (or how that period is decided);
- his/her rights to rectification or erasure of data, or to restrict or object to processing;
- his/her right to complain to the Information Commissioner if he/she thinks Tate Residential has failed to comply with his/her data protection rights; and
- whether or not Tate Residential carries out automated decision-making and the logic involved in any such decision-making.
Tate Residential will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically.
If the individual wants additional copies, Tate Residential will charge a fee, which will be based on the administrative cost to Tate Residential of providing the additional copies.
To make a subject access request, the individual should send the request to GDPR@tateresidential.co.uk. In some cases, Tate Residential may need to ask for proof of identification before the request can be processed. Tate Residential will inform the individual if it needs to verify his/her identity and the documents it requires.
Tate Residential will normally respond to a request within a period of one month from the date it is received. In some cases, where large amounts of the individual’s data has been requested, it may respond within three months of the date the request is received. Tate Residential will write to the individual within one month of receiving the original request to tell him/her if this is the case.
If a subject access request is manifestly unfounded or excessive, Tate Residential is not obliged to comply with it. Alternatively, Tate Residential can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which Tate Residential has already responded. If an individual submits a request that is unfounded or excessive, Tate Residential will notify him/her that this is the case and whether or not it will respond to it.
Other rights
Individuals have a number of other rights in relation to their personal data. They can require Tate Residential to:
- rectify inaccurate data;
- stop processing or erase data that is no longer necessary for the purposes of processing;
- stop processing or erase data if the individual’s interests override Tate Residential’s legitimate grounds for processing data (where Tate Residential relies on its legitimate interests as a reason for processing data);
- stop processing or erase data if processing is unlawful; and
- stop processing data for a period if data is inaccurate or if there is a dispute about whether or not the individual’s interests override Tate Residential’s legitimate grounds for processing data.
- To ask Tate Residential to take any of these steps, the individual should send the request to GDPR@tateresidential.co.uk.
What if you do not provide personal data?
You are under no statutory or contractual obligation to provide data to Tate Residential during the real estate process. However, if you do not provide the information, Tate Residential may not be able to process the real estate transaction.
Automated decision-making
Some of Tate Residential’s real estate processes are based solely on automated decision-making.
Data security
Tate Residential takes the security of property personal data seriously. Tate Residential has internal policies and controls in place to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.
Where Tate Residential engages third parties to process personal data on its behalf, such parties 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.
Data breaches
If Tate Residential discovers that there has been a breach of property-related personal data that poses a risk to the rights and freedoms of individuals, it will report it to the Information Commissioner within 72 hours of discovery. Tate Residential will record all data breaches regardless of their effect.
If the breach is likely to result in a high risk to the rights and freedoms of individuals, it will tell affected individuals that there has been a breach and provide them with information about its likely consequences and the mitigation measures it has taken.
Individual responsibilities
Individuals are responsible for helping Tate Residential keep their personal data up to date. Individuals should let Tate Residential know if data provided to Tate Residential changes, for example if an individual moves house or changes his/her bank details.
Individuals may have access to the personal data of other individuals [and of our customers and clients] in the course of their employment or contract. Where this is the case, Tate Residential relies on individuals to help meet its data protection obligations to staff and to customers and clients.
Individuals who have access to personal data are required:
- to access only data that they have authority to access and only for authorised purposes;
- not to disclose data except to individuals (whether inside or outside Tate Residential) who have appropriate authorisation;
- to keep data secure (for example by complying with rules on access to premises, computer access, including password protection, and secure file storage and destruction);
- not to remove personal data, or devices containing or that can be used to access personal data, from Tate Residential’s premises without adopting appropriate security measures (such as encryption or password protection) to secure the data and the device; and
- not to store personal data on non-password protected or encrypted local drives or on personal devices that are used for work purposes.
Failing to observe these requirements may amount to a disciplinary offence, which will be dealt with under Tate Residential’s disciplinary procedure. Significant or deliberate breaches of this policy, such as accessing employee or customer data without authorisation or a legitimate reason to do so, may constitute gross misconduct and could lead to dismissal without notice.
Training
Tate Residential will provide training to all staff about their data protection responsibilities as part of the induction process and at regular intervals thereafter.
Changes to our privacy policy
We regularly review our privacy policy, and may make changes from time to time. Any changes made will be posted on our website, and will apply from the time we post them. This privacy policy was updated on the 16th May 2018.
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Property for Sale Royal Borough of Kensington and Chelsea and Battersea & Property to Rent Royal Borough of Kensington and Chelsea and Battersea,
TATE Residential
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16 Battersea Park Road London SW8 4LS UK