We collect, use and are responsible for certain personal information about you. When we do so we are subject to the General Data Protection Regulation (GDPR), which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.
The key terms used in this policy:
We, us, our Charles David James Ltd
Personal information Any information relating to an identified or identifiable individual
Personal information we collect about you
We may collect and use the following personal information about you:
• Your name and contact information, including email address and telephone number and company details if applicable
• Information to enable us to check and verify your identity, e.g. your date of birth
• Your gender information, if you choose to give this to us
• Your billing information, transaction and payment card information
• Your professional or personal online presence, e.g. LinkedIn profile, if you share it with us
• Your contact history, transaction and instruction history with us
• Your nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information, e.g. if you are a potential tenant applying for a tenancy
• Information to enable us to undertake Anti Money Laundering and Terrorist Financing electronic checks on you
• Information about how you use our website, IT, communication and other systems
• Your responses to surveys, competitions and promotions
This personal information is required to provide our services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing services to you.
How and why we use your personal information
Under data protection law, we can only use your personal information if we have a proper reason for doing so, e.g.:
• To comply with our legal and regulatory obligations;
ie: registering your details with the local authority for the payment of council tax during a tenancy
• For the performance of our contract with you or to take steps at your request before entering into a contract;
ie: completing your contact details on a Tenancy Agreement
• For our legitimate interests or those of a third party; or
ie: connecting you with our external Reference Agency
• Where you have given consent.
ie: we will ask you to sign consent forms during the letting process
We use your personal information under the legitimate interest basis for using and processing. Legitimate Interest may be used as a basis for processing when we have a business or commercial reason to process your information, so long as this is not overridden by your own rights and interests.
When we use and process your personal information for our legitimate interest, we will consider and balance any potential impact on you and your rights under data protection and any other relevant laws. Our legitimate business interests do not automatically override your interests – we will not use your personal data for activities where our interests are overridden by the impact on you (unless we have your valid consent or are otherwise required or permitted to by law).
The explanations below explains what we use (process) your personal information for and our reasons for doing so:
What we use your personal information for Our reasons for doing so
To provide services to you For the performance of our contract with you or to take steps
steps at your request before entering into a contract
To prevent & detect fraud against you or Charles David James For our legitimate interests or those of a third party,
i.e. to minimise fraud that could be damaging for us & for you
Conducting checks to identify our customers & identity To comply with our legal and verify their regulatory obligations
Screening for financial and other sanctions or embargoes
Other processing necessary to comply with professional,
legal and regulatory obligations that apply to our business
eg under health and safety regulation or rules issued by our
Gathering and providing information required by or relating to To comply with our legal and regulatory obligations
audits, enquiries or investigations by regulatory bodies
Ensuring business policies are adhered to, e.g. policies covering For our legitimate interests or those of a third party, i.e. to
security and internet use make sure we are following our own internal procedures so
we can deliver the best service
Operational reasons, such as improving efficiency, training & For our legitimate interests or those of a third party, i.e. deliver
quality control the best service for you
Preventing unauthorised access and modifications to systems For our legitimate interests or those of a third party, i.e.
to prevent and detect criminal activity that could be
damaging for us and for you
Updating and enhancing customer records For the performance of our contract with you or to take steps
at your request before entering into a contract. To comply with
our legal and regulatory obligations. For our legitimate interests
or those of a third party, e.g. making sure that we can keep in
touch with our customers about existing orders & new products
Statutory returns To comply with our legal and regulatory obligations
Ensuring safe working practices, staff admin & assessments To comply with our legal and regulatory obligations. For our
legitimate interests or those of a third party, e.g. to make sure
we are following our own internal procedures & working
efficiently so we can deliver the best service to you
Marketing our services to: For our legitimate interests or those of a third party i.e. to
— existing and former customers; i.e. to promote our business to existing former customers and
— third parties who have previously registered with us or contacts. For our legitimate interests, when such information is
expressed an interest in our services; in the public domain
— third parties with whom we have had no previous dealings
Credit reference checks via external credit reference agencies For our legitimate interests or those of a third party, i.e. to
ensure our customers are likely to be able to pay for our
products and services
External audits and quality checks, e.g. for ISO or Investors For our legitimate interests or a those of a third party, i.e. to
in People accreditation and the audit of our accounts maintain our accreditations so we can demonstrate we operate
at the highest standards. To comply with our legal and regulatory
We do not collect, use or process special category personal information, such as racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic and biometric data, data concerning health, sex life or sexual orientation.
We may use your personal information to send you updates (by email, telephone calls, SMS or post) about our services, including exclusive offers (mainly for free market appraisals of your property), or highlighting of current market trends and properties on the market that may be of interest to you.
We have a legitimate interest in processing your personal information for marketing purposes (see above ‘How and why we use your personal information’). This means we do not usually need your consent to send you marketing communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal information with the utmost respect and never sell or share it with other organisations for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by:
You have the right to opt out of receiving marketing communications at any time by:
contacting us at email@example.com
using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts
updating your marketing preferences on our website and/or any third party property portal websites such as Rightmove,
PrimeLocation or Zoopla
We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
Who we share your personal information with
We routinely share personal information with:
Third parties we use to help deliver our services to you, e.g. payment service providers, tenants’ vetting companies, electronic search providers, maintenance contractors, inventory companies etc;
Other third parties we use to help us run our business, e.g. website suppliers, case management system providers etc;
Third parties approved by you, e.g. social media sites you choose to link your account to or third party payment providers;
Credit reference agencies;
Other companies within our group, to provide you with the same or closely related services;
We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers (where possible) to ensure they can only use your personal information to provide services to us and to you.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. The recipient of the information will be bound by confidentiality obligations.
Where your personal information is held
Information may be held at our offices and those of our third party agencies, service providers, representatives and agents as described above (see above: ‘Who we share your personal information with’).
How long your personal information will be kept
We will keep your personal information while you have an account with us or we are providing services to you. Thereafter, we will keep your personal information for as long as is necessary:
to respond to any questions, complaints or claims made by you or on your behalf;
to show that we treated you fairly;
to keep records required by law.
We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information.
Buyers and sellers data will be held for 10 years following the end of our services.
Applicants data will be held for 10 years following the end of the application process.
When it is no longer necessary to retain your personal information, we will delete or anonymise it.
Transfer of data outside the EU
Normally your data will not be transferred to a country or territory outside the EU unless we need to provide our services to you and that country or territory ensures an adequate level of protection or the appropriate safeguards are in place to guard your rights and freedoms. If for any extraordinary reason we need to transfer your personal data to countries without adequate data protection laws we will seek your consent to do so.
You have the following rights, which you can exercise free of charge:
The right to be provided with a copy of your personal information (the right of access)
The right to require us to correct any mistakes in your personal information
To be forgotten:
The right to require us to delete your personal information—in certain situations
Restriction of processing:
The right to require us to restrict processing of your personal information—in certain circumstances, eg if you contest the accuracy of the data
The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
The right to object:
at any time to your personal information being processed for direct marketing (including profiling);
in certain other situations to our continued processing of your personal information, eg processing carried out for the purpose of our legitimate interests.
Not to be subject to automated individual decision-making
The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
If you would like to exercise any of those rights, please:
Email, call or write to us — see below: ‘How to contact us’; and
let us have enough information to identify you;
let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
let us know what right you want to exercise and the information to which your request relates
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed unlawfully. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised 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.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
How to complain
We hope that we can resolve any query or concern you may raise about our use of your information. (See How to contact us, below.)
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular 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 at https://ico.org.uk/concerns or telephone: 0303 123 1113.
This privacy notice was updated in March 2019.
We may change this privacy notice from time to time—when we do we will inform you via our website or by email.
How to contact us
Our contact details are shown below:
Charles David James Ltd
Registered Office Address:
Unit 11D New North House
202-208 New North Road
+44 (0)20 7704 0660