Privacy Notice

Applies to: Huggins Stuart Edwards Commercial Ltd
Revised: January 2020

This privacy notice explains what personal data (information) we hold about you in order to provide our services to you, and what happens to the data we hold after the relationship ends. We are required to notify you of this information under the General Data Protection Regulation (GDPR) and we are committed to making sure we are fully compliant with the legislation.

The legislation is about providing you with greater protection and transparency over your data, so please ensure you read this notice. The most up to date version of our privacy notices will be kept available on this website at all times (www.hsedwards.co.uk). This notice contains the information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information, how to contact us and the contact details of the supervisory authorities in the event you have a complaint.

1. WHO WE ARE

Huggins Stuart Edwards Commercial Ltd is a limited company registered in England & Wales, Company number: 12280950. Registered office: 10 West Street, Epsom, KT18 7RG. We are a Commercial Property Agency and we collect, use and are responsible for certain personal information that we hold about you in this capacity. When we collect and process your data we are regulated under the General Data Protection Regulation which applies across the European Union (including the United Kingdom). We are responsible as the 'controller' of your personal information for the purposes of those laws.

Definitions

In this privacy notice, references to "we" or "us" means Huggins Stuart Edwards Commercial Ltd:

References to the "Property" refer to any property which either a) you have engaged us to market, sell, let, manage or survey, or b) you have arranged through us to view, buy or rent.

2. DATA PROTECTION PRINCIPLES

We will comply with the data protection principles when gathering and using personal information and as set out in our GDPR data protection policy.

3. INFORMATION COLLECTED BY US

Personal data is information which directly or indirectly identifies you. We may collect the following personal information:

• Your name; contact details including the Property address, your contact address, IP address, your home mobile and other numbers and your email contact details;
• We may occasionally collect sensitive financial, health or disability information given by you during interactions or correspondence with you;
• Occasionally we may collect information from third party websites such as Rightmove, On the Market, EGI, CoStar or Zoopla;
• We may occasionally collect information from other sources such as solicitors, or others that act on your behalf such as accountants and other professional advisors;
• If the Property is Leasehold we may occasionally obtain information from the freehold or superior lease owner, or others that act on their behalf such as accountants and other professional advisors;

Where you have engaged us to sell, let or manage the Property we may also collect the following personal information:

• Copies of your passport or driving licence and utility bills;
• Probate details and Power of Attorney where relevant;
• Your bank details;
• Details of your mortgage provider;
• Contact details of any tenants you have if the Property is let out, or other contact details you provide to us for us to liaise with you or others about the Property;

Where you are applying to buy, rent, act as guarantor or view the Property we may also collect the following personal information:

• Copies of your passport or driving licence and utility bills;
• Details of your income;
• Your bank details;
• Details from the previous letting agents or landlords;

The provision of your personal data is required from you or these other sources to enable us to perform our contract to sell, let, manage or provide professional services related to the Property. We will only collect your information where there is a lawful basis and a business need to do so.

4. HOW WE USE YOUR PERSONAL INFORMATION

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

• For the performance of the contract we have with you or with the owner or representative of the Property;
• For the purposes of our legitimate interests or those of a third party, but only if these are not overridden by your interests, rights or freedoms;
• Where we believe it is necessary to use your information to comply with a legal or regulatory obligation to which we are subject.

The use of your data could include, but is not limited to, verifying your identity, providing you with products and services, managing your account and the contractual relationship with you as noted above. We seek to ensure that our information collection and processing is always proportionate. We will notify you of any material changes to information we collect or to the purposes for which we collect and process it.

5. WHO WE SHARE YOUR PERSONAL INFORMATION WITH

We routinely share the following categories of personal data:

• Your name, your address or addresses, your contact telephone numbers, your contact email addresses, your agent or tenants personal data;

Your personal information may be shared with the following categories of recipients where necessary:

• Parties to proposed or existing contracts to which you are a party,
• Contractors that we employ for the maintenance and upkeep of the Property or who are appointed to undertake assessments including but not limited to EPCs, NICEIC checks and asbestos management surveys,
• Inventory clerks,
• Deposit Protection services,
• Draftsmen for the purpose of drawing up plans;
• Our professional advisors including brokers, insurers, loss adjustors, surveyors, project managers, accountants, solicitors, debt collectors;
• Utility companies or other service providers to the Property;
• Professional bodies that regulate us;
• Our service providers for IT, data storage, or IT management;
• Our partner companies Huggins Edwards & Sharp LLP, HES Residential Ltd and Stuart Edwards Fullermoon;
• We may also share personal information with any law enforcement agency, tax authority, court, regulator, other government authority, the local Councils, or other third party where we believe this is necessary to comply with a legal or regulatory obligation, applicable law or otherwise to protect our rights.

We will only share sensitive financial or health information if it is necessary for the performance of our contract and with your permission. This data sharing enables us to perform our contract as your agent.

Where we require other parties to process your information, it will be based on our instructions and we will require their processing to be consistent with this Privacy Notice and the GDPR. We will not share your personal information with any other third party.

6. WHERE YOUR PERSONAL INFORMATION MAY BE HELD

Information may be held at our offices and those in our group of companies, third party agencies, service providers, representatives and agents as described above. The data may be held physically or digitally using multiple servers.

We have security measures in place to ensure that there is appropriate security for the information we hold.

All our third party IT agencies store any of our data within the EU and subject to the GDPR.

7. HOW LONG YOUR PERSONAL INFORMATION WILL BE KEPT

• Where we have been engaged to market, sell, let or manage your Property, or you have viewed, purchased, rented or leased a Property through us we will retain your personal data for a period of at least 6 years from the end of our relationship with you to fulfil our record-keeping obligations;
• Where you have registered as an 'Applicant' for our residential or commercial property lists we will only keep your data for as long as you wish to remain on the list, and you may unsubscribe at any time by replying to our marketing emails or contacting the branch concerned.
• Other data will not be retained for any longer than is necessary unless there is a legal reason for extending the retention.

8. REASONS WE CAN COLLECT AND USE YOUR PERSONAL INFORMATION

• The primary basis we collect and use your personal details is under our contract,

• Additionally, we may collect your personal data where we have a legitimate interest in doing so. When this is the case we will only collect your personal data where our reasons are not overridden by your interests, rights, and freedoms.

9. 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 - you have a right to request a copy of the personal information that we hold about you, in a structured, commonly used and machine-readable format;
• Rectification - you have the right to require us to correct any mistakes in your information that we hold;
• Be forgotten - in certain circumstances you can ask for the data we hold to be erased;
• Restrict processing - where certain conditions apply you can restrict the processing of your data;
• Portability - to transmit your data to a third party in certain situations;
• Object - at any time to processing of your personal information for certain types of processing such as direct marketing;
• Object in certain other situations to our continued processing of your personal information;
• Otherwise restrict our processing of your personal information in certain circumstances;

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

10. CONTACT US

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

• Email us at , call us on 01372 740555, or write to:
  GDPR Request
  Huggins Stuart Edwards Commercial Ltd
  10 West Street
  Epsom
  Surrey
  KT18 7RG
• provide us with enough information to identify you including your full name, your address, the Property address,
• let us have proof of your identity and address (a copy of your driving licence or passport and a utility or credit card bill not more than 3 months old), and
• let us know the information to which your request relates, including any account or reference numbers, if you have them.

In the event we refuse your request we will provide you with a reason as to why, which you have the right to legally challenge.

11. KEEPING YOUR PERSONAL INFORMATION SECURE

We take steps to protect your personal data against loss or theft as well as from unauthorised access, disclosure, copying, use or modification. 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 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.

12. HOW TO COMPLAIN

In the event of a complaint please refe to our Complaints Procedure document.

The General Data Protection Regulation also gives you the 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 by telephone at: 0303 1231113.

13. IF YOU NEED EXTRA HELP

For further information please contact Michael Angus.