INTRODUCTION AND SCOPE OF THIS PRIVACY STATEMENT
Fothergill Wyatt Ltd (and other KCT Holdings Group of Companies) want to provide the best possible service to our clients and customers and are committed to protecting and respecting your privacy. We use the personal information you share with us to tailor our services to your requirements.
This policy aims to give you a clear view of how we will use the information you provide (or that we collect from you) and how this information will be stored, which third parties we will share it with and your rights to control your personal information.
By visiting www.fothergillwyatt.com you are accepting and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 1998 (the Act) and the General Data Protection Regulation (GDPR), the Data Controller is Fothergill Wyatt Ltd registered at 22 Hayhill Industrial Estate, Sileby Rd, Barrow upon Soar, Loughborough LE12 8LD, with offices at 26 Allandale Road, Stoneygate, Leicester, LE2 2DA.
PERSONAL INFORMATION WE COLLECT FROM YOU
“Personal information” is any information that relates to you and identifies you personally, either alone or in combination with other information available to us.
We may collect and process the following data about you:
Information that you provide by filling in forms on our site, www.fothergillwyatt.com or over the telephone, including personal information (name, email address and telephone number), financial or employment information that you disclose when agreeing to register as an applicant or enter in to a transactional relationship with us (buying, selling, letting or renting a property).
Contact details for the client or customer including a residential address in the UK to help us ensure our staff are safe when attending external appointments such as viewings and market appraisals. Information required to comply with legislation such as Right to Rent checks required under section 22 of the Immigration Act 2014 if you are renting a property and The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (more commonly referred to as the Money Laundering Regulations 2017) if you are buying a property through us.
Information to enable us to tailor our marketing and communications to you, based on your personal preferences, such as the types of service you are looking for, the location of your search area, the budget you are willing to spend etc.
If you contact us, we may keep a record of the correspondence and ask for further information if you report an issue with our services or with a property you are renting.
We may also ask you to complete surveys that we use for market research purposes, although you do not have to respond to them.
Details of your visits to our site including, traffic data, location data and other communication data and the resources that you access including social media interaction. A visit to one of our websites results in data being sent from your browser to our servers. We will collect personal information in this way, such as:
- your IP address;
- the date and time of the visit and how long you remained on our website;
- the referral URL (the site from which the visitor has come);
- the pages visited on our website; and
- information about the device and browser (such as, browser type and version, operating system, etc.).
We use a cookie file on our site to store your user account information to improve the usability of our site.
Our site will only use the Google Analytics cookies as detailed on: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage
(the 5 that apply are listed under the section entitled analytics.js – cookie usage).
All digital information you provide to us is stored in the UK on our secure servers and all paper based information is also securely stored in the UK. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, including using SHA-256 SSL certificate with RSA encryption to ensure that all form entries are sent in an encrypted format, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
HOW WE USE YOUR PERSONAL INFORMATION
The personal information we collect when you first contact us will be used for identification and authentication purposes in addition to creating a profile for you with the information needed to provide you with our relevant products or services. We use and analyse this personal information where necessary for the following purposes detailed below:
- Improving our products and services: we will use your personal information to build a profile in order to understand your requirements, to improve our website, and to personalise the properties and services we offer you. We process your personal information for the purposes of our legitimate interests in providing better products and services for you and our other customers.
- Processing your transaction: we use relevant personal information described above (including your name, address and financial details) to enable us to complete a transaction with you, including buying, selling, renting or letting a property through us.
- Preventing fraud: we will use your personal information to assess your creditworthiness (in the case of buying or renting a property) and to prevent fraud. For this purpose, we may need to share your personal information with our referencing providers and/ or solicitors (see “how we share your personal information” below). This is necessary for the purposes of our legitimate interests in ensuring we are not the victim of fraud and to protect our legal rights.
- To provide customer support: if you contact our team (or vice versa), we will use personal information such as your email address, phone number and residential address as well as your contact history to process your request and provide you with the best service possible. We will process your personal information in this way if it is necessary for the performance of a contract or if it is required for us to comply with any legal obligations. If it is not necessary to process your personal data for either of these reasons we will process it as it is necessary for the purposes of our legitimate interests in ensuring we can provide the best service possible.
- Marketing: when you sign up to receive our newsletters, register as an applicant, enter in to a transaction with us, provide feedback on our service online or use our website, we will use your personal information to create a profile based on the information we hold about you. This is necessary for the purposes of our legitimate interests in ensuring we have accurate information about you in one place. We create your profile in accordance with your preferences in order to provide you with the best personalised experience, to send you personalised marketing messages and newsletters and for opinion research purposes. Below you can find a more detailed description of the ways in which we will use your personal information for these purposes.
What kind of information: the way you interact with us across all the different channels described above (e.g. our website, social media and marketing messages we send you) and the information we collect in that regard from each of these channels provides us valuable information about your current circumstances and preferences. This insight gives us the opportunity to offer you the best customer service experience possible. To learn about you and your interests, we analyse your interactions with our company using various kinds of information, as set out above. If you have given us your explicit consent to send you marketing communications or if we are permitted by law to send such communications without obtaining your consent, we use the information that you have provided to us when interacting with us for sending you personalised marketing messages about our products or services, events, Prize Giveaways and promotions. In some instances we will also aggregate your personal information with that of other individuals, to create comprehensive reports about how clients and customers use our products and services. This is necessary for the purposes of our legitimate interests in analysing our brand and determining how to improve our services.
What kind of channels: we will send direct marketing communications to you via the channel you choose, such as email, phone, or social media. We ask for your consent, where required by applicable law, in order to use the contact details you have provided to us to send our personalised marketing communications.
What kind of messages: the messages we will send you will be personalised and tailored to your individual preferences and requirements. We use analytics in order to generate such personalised messages. These analytics will process your personal information and place you in marketing segments, which determine the content of the messages and the offers you will receive from us. These direct marketing messages may contain information about our products and services, events, Prize Giveaways or promotions and other company news. We personalise these messages on the basis of that it is necessary for the purposes of our legitimate interests in ensuring that we provide the most appropriate information. We will, in certain circumstances, also use the channels for opinion research (such as to ask if you would like to participate in a survey) and to learn about your experience and improve your experience with Fothergill Wyatt Ltd, including by sending you personalised messages.
- Analysing our business: we will use your personal information (including by anonymising and aggregating it with other customers’ personal information) for sales and financial analysis purposes, to determine how Fothergill Wyatt Ltd is performing and where improvements can be made and where necessary to report back to our parent or affiliate group companies. This is necessary for the purposes of our legitimate interests in understanding how our business is performing, and considering how to improve our performance.
- We will ask for your consent if we wish to use your personal information for purposes other than those listed in this privacy statement and as required to do so under applicable law. We will not use your personal information for other purposes before we have received such consent.
HOW WE SHARE YOUR PERSONAL INFORMATION
We treat your personal information with care and confidentiality and do not share it with third parties other than as set out below:
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
WITH SERVICE PROVIDERS
We will share limited personal information you provide when you register with us or enter in to a transaction with us, as necessary and only for the purposes and on the lawful grounds described above with various third parties who process your personal information on our behalf (Data Processors), such as;
Referencing agencies: Goodlord, Let Alliance, Rent4sure
Surveyors: James Fairey Surveyor, James Elliott Associates Building Consultancy and surveyors instructed directly by lenders and banks on behalf of our clients and customers
Contractors: The Ideal Group (Total Property Maintenance), Simple Life Leicester, Brindley Building Services, Manor Property Solutions Ltd, Rossells Locksmiths, Mitchian Electrical, CT Appliance Repairs, Burnt Oak Developments, Ian Nightingale Garden Services, ADI Fire and Intruder Detection, Merlin Pools, DR Electrical, HMS Property Services, Cleaning Angels, Regent Samsic, Lifts UK, Serious Waste Management, Mgas, BPS Energy Surveying, Ehouse and in the event of an emergency situation, should our regular contractors be unavailable, any alternative contractor available
Independent Financial Advisors: Furnley House
Solicitors: Bray & Bray, Edward Hands & Lewis, Emery Johnson Astills, HCB, Bilson & Sharp, Josiah Hincks, Lawson West, Michael Hill Partnership, Rich & Carr, Salusbury Harding & Barlow, Spearing Waite, K4 Law
Software and processing system providers: Vebra Software, CFP Software, Brief Your Market, InventoryBase, Fixflo
Website Hosts and analytics platform providers: Juno Web Design and Google Analytics
We require that these service providers and other third parties adhere to strict rules when processing your personal information, including to only use your personal information in accordance with our specific instructions (such as for the purposes of completing referencing or contacting you to arrange access to carry out necessary repairs) and the applicable laws.
WITH LEGAL AND LAW ENFORCEMENT
Fothergill Wyatt Ltd will disclose personal information where required by law or legal process, for the administration of justice, to protect your vital interest, for investigations by law enforcement or regulatory bodies, to protect and defend Fothergill Wyatt’s property and legal rights, to protect the personal safety of our website users or by order of a valid injunction from a court or law enforcement agency.
IN RELATION TO BUSINESS INTERESTS
In the event that we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets.
If Fothergill Wyatt Ltd is or all of its assets are acquired by a third party, personal data held by us about our customers will be one of the transferred assets.
HOW LONG DO WE STORE YOUR INFORMATION FOR
The length of time we hold your information for will vary dependent on lawful basis for collecting and processing the data.
Fothergill Wyatt Ltd will hold data supplied with consent, where there is a legitimate interest in doing so (such as where a client or customer has registered with us, expressing an interest in buying, selling, letting or renting a property through us) until we are requested to remove the data.
Where a transaction has been entered in to and there is a contractual necessity to do so, or where there is a requirement to comply with legal obligations (for example in order to comply with the requirement of the TPO Codes of Practice, both for Sales and Lettings Agents, to maintain clear and full written records of transactions for a period of 6 years and to comply with the Money Laundering Regulations 2017 requirement to hold records for a period of 5 years).
You have the right to ask us not to process your personal data for marketing purposes, to alter your preferences for the type of marketing content you receive (such as properties for sale, information about IFA’s etc.) or to alter the methods via which you receive marketing correspondence from us (i.e. via email, text, post or phone call). We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
You can also exercise the right to prevent such processing of your data at any time by contacting us at firstname.lastname@example.org or by following the links contained in our correspondence.
Our site may, from time to time, contain links to and from the websites of our partners and third party service providers. If you follow a link to any of these websites, please note that these websites may have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO, DELETION, AND CORRECTION OF PERSONAL INFORMATION
If you have registered with us or entered in to a transaction with us, you can access your personal information by submitting a request for access (Subject Access Request) to this information at no cost using the contact details set out at the end of this privacy statement. After receiving your request and sufficient information to verify your identity, we will provide you with a copy of the personal information we have about you which you are entitled to have under applicable law, within the specified timeframe of one month. We will also confirm the purposes for which such personal information is being used, its recipients and the origin of the information.
What forms of ID will I need to provide in order to access this information?
Fothergill Wyatt accepts the following forms of ID from Data Subjects requesting access to personal data:
- Passport or I.D. Card
- Driving Licence
- Birth certificate
- Utility bill (from last 3 months, excluding Mobile Phone bills)
In addition you may write to us at any time requesting amendments to certain personal information that you consider to be incorrect or irrelevant or to request that we block, erase or otherwise remove your personal information (The Right to Erasure/ The Right to be Forgotten).
You may also write to us at any time to object to our use of your personal information or request that we provide your personal information in a usable electronic format and transmit to a third party (Right to Data Portability). We will comply with these requests in relation to your personal information in line with applicable law.
All of the above requests will be forwarded on should there be a third party involved in the processing of your personal data.
Fothergill Wyatt reserve the right to refuse a Subject Access Request in the presence of a manifestly unfounded request received from a Data Subject in accordance to Chapter3, Section 1 Article 12:
- Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may either:
(a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or
(b) refuse to act on the request.
Please contact email@example.com with all questions relating to your Personal Data and if you wish to make a Subject Access Request, withdraw consent or to amend any information we have for you on our databases.
PERSONAL DATA BREACHES
In order to comply with applicable law, Fothergill Wyatt Ltd has implemented procedures to detect, report and investigate personal data breaches.
A data breach is defined by the Information Commissioner’s Office (ICO) as;
“A breach of security leading to the destruction, loss, alteration, unauthorised disclosure or, or access to, personal data.”
The ICO will be informed of all data breaches which present a high risk to our clients and customer’s rights and freedoms and in line with applicable law, a notifiable breach will be reported within 72 hours of us becoming aware of it. The individual(s) involved will also be informed.
CHANGES TO THIS POLICY
Fothergill Wyatt has pledged to adhere to the fundamental principles of privacy and data protection. We therefore regularly review our online privacy statement in order to ensure that it is free of errors and clearly visible on websites, that it contains appropriate information about your rights and our processing activities, and that it is implemented and is compliant with applicable law. If we make significant changes to this privacy statement, we will inform you by posting a notification on our websites along with an updated version of the privacy statement.
THE RIGHT TO LODGE A COMPLAINT
If you have a complaint regarding how Fothergill Wyatt Ltd have handled your personal data, subject access request or right to erasure, you have a right to lodge a complaint with a supervisory authority, in this case the ICO, using the contact details below.
Information Commissioner’s Office
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number.
Alternatively you can write to:
Fothergill Wyatt Ltd
26 Allandale Road
Or you can call us on 0116 270 5900