Please read the following.
Rosebery Estates is committed to protecting your privacy and the confidentiality of your personal information. This privacy notice explains how we collect, use and protect your personal information. In this privacy notice, “our” and “we” means Rosebery Estates trading as Rosebery Estates Partnership, Rosebery Estates (Lord Dalmeny), Lord Rosebery Estates and Earl’s Partnership. Any reference to “you” or “your” refers to anyone whose personal information we collect and process.
Our use of your personal information is governed by this privacy notice. Rosebery Estates is a controller for the personal information that it collects and uses about you. We will treat your personal information as confidential and in accordance with applicable data protection legislation and your personal information will only be shared with others in accordance with this privacy notice. In this privacy notice we explain;
- What personal information is
- How we collect your personal information
- The types of personal information we collect
- How we use your personal information
- The legal basis for processing your personal information
- How we share your personal information
- How long we keep your personal information
- How we keep your personal information secure
- Your rights in relation to your personal information
- How to make complaints and how to contact us
2. What is personal information?
Personal information is any information that tells us something about you. This includes information such as name, contact details, date of birth, bank account details or any information about your needs or circumstances which would allow us to identify you. Some personal information is classified as special data under data protection legislation. This includes information relating to health, racial or ethnic origin, religious beliefs or political opinions and sexual orientation. This information is more sensitive and we need to have further justification for collecting, storing and using this type of personal information. There are also additional restrictions on the circumstances in which we are permitted to collect and use criminal conviction data.
Any references to personal information in this privacy notice includes personal data, and where relevant, special categories of personal data.
3. What personal information do we collect?
The type of personal information that we collect from you will depend on the service that we are providing to you or the reason that you are engaging with us. In all cases of engagement with you we will collect your full name and contact details (such as phone numbers, email address and postal address) from you. If we are providing a service to you, where we are required to do so by law, we will collect information relating to your identity, which will be at least one form of photographic identification (such as a passport, a driving licence or an identification card) and one form of documentation with proof of your place of residence (such as a recent utility bill). We are obliged by law to collect this information for clients and tenants of properties.
Depending on the service that we provide to you, we may also collect additional personal information as detailed below;
Renting a Property
If you apply to rent a property that we are letting, we will require you to provide certain personal information to us both as part of your tenancy application and if you are, or become a tenant, in connection with your tenancy agreement and the management of your tenancy. If you fail to provide certain information when requested, the landlord may not be able to offer you a tenancy, implement the tenancy agreement, manage the property or comply with legal obligations. We also have statutory and regulatory obligations to collect certain personal information from you.
We will collect personal information directly from you through the application process from you. We also may collect additional information from third parties including employers, credit reference agencies and other background check agencies.
We may collect and use the following information about you:
- Identification and contact information, such as your full name, date of birth, age, postal address, email address and telephone numbers
- Your next of kin and emergency contact details, and information about your dependants including personal information relating to any children aged 16 and over who will be living with you at the property
- Information about your employment, including your employment status, salary, job title
- Your national insurance number
- Specific access requirements to help assess whether a property is suitable for your needs
- Your bank / building / similar account details to allow us to make payments to set up your rental payments and deal with service charge and insurance payments, utility recharge payments and any other tenancy payments
- Your bank / building / similar account details to allow us to process a good housekeeping deposit for sporting lets
- One form of photographic identification (such as a passport, a driving licence or an identification card) and one form of documentation with proof of your place of residence (such as a recent utility bill) for each tenant
- References and other information included as part of the application process
- Financial information, such as your bank account details, payroll records, tax status information
- Information about any outstanding debt decrees and county court judgments against you
- Information about bankruptcy, voluntary arrangements and other insolvency proceedings
- More sensitive information about you, including information about your previous criminal convictions and health information
- For those who are occupying a property under a commercial tenancy we may collect contact information, such as your organisation’s postal address, email address and telephone number.
We may also collect information about you from other sources. This may include the following:
- Publicly available information, from sources such as Companies House, the Electoral Roll, debt decrees and county court judgements and repossessions
- Information you have shared publicly, including on social media
- Information from third party databases or data suppliers, such as property sites, auction sites and credit reference agencies, including details about your home, belongings and creditworthiness
If we provide sporting let services to you we will collect and process identification and contact information, such as your full name, date of birth, age, postal address, email address and telephone numbers and your bank account details.
If you wish to be added to our contractor list or you provide services to us and/or our clients we will collect and process identification and contact information such as your full name, postal address, email address, telephone numbers, insurance and compliance certificates and evidence of industry and service related qualifications.
If you subscribe to receive news or other market updates from us then in addition to the above we may collect details about the sector in which you work and the type of content that you would like to receive but only with your consent.
4. What is the legal basis of our data processing?
Under data protection legislation we are only permitted to use your personal information if we have a legal basis for doing so. We rely on the following legal bases to use your information;
- Where we need information to perform the contract we have entered into with you
- Where we need to comply with a legal obligation
- Where we have your consent
- Where the processing is necessary for us to carry out activities for which it is in Rosebery Estates legitimate interests (or those of a third party) to do so and provided that your interests and fundamental rights do not override those interests, including:
- Processing your personal information in ways that you would reasonably expect and which have a minimal privacy impact, or where there is a compelling justification for this processing. This would include collecting and processing personal data for the purposes of matching you with sale or letting properties, preparing marketing reports, processing an application for a tenancy or let and providing your information to clients and other third parties who wish to engage you to provide services.
- Processing which is necessary for us to promote our business, brands and products and measure the reach and effectiveness of our campaigns. – this may include sending you marketing information from time to time after you have engaged us to provide services or received services from us either which may be similar and of interest to you or where you have expressly indicated that you would like to receive such information. You have the right to opt out of receiving this information at any time.
- Processing which is necessary for us to operate the administrative and technical aspects of our business efficiently and effectively – this will include: verifying the accuracy of information that we hold about you and creating a better understanding of you as a customer;
- Processing for administrative efficiency purposes such as where we outsource certain administrative functions to third parties who are specialists in such services;
- Processing for network and information security purposes i.e. in order for us to take steps to protect your information against loss, damage, theft or unauthorised access or to comply with a request from you in connection with the exercise of any of your rights outlined below.
In more limited circumstances we may also rely on the following legal bases:
- Where we need to protect your interests (or someone else's interests); and/or
- Where it is needed in the public interest or for official purposes we may process special categories of personal information and criminal conviction information with your explicit consent, in which case we will explain the purpose for which the information will be used at the point where we ask for your consent.
How we use your personal information
How we use the personal information that we collect from you will depend on the service that we are providing to you or the reason that you are engaging with us.
Purchasing & tenanting
- If you are buying a property that we are selling we use your personal information to comply with our statutory anti-money laundering obligations. We share your personal information with the solicitors acting for Rosebery Estates and any other third parties necessary to facilitate the sale and meet our legal obligations in respect of the sale.
- If you are applying to be a tenant of a property that we are marketing for let or you are a tenant we use your personal information for the purposes of processing a tenancy application and completing a tenancy agreement in your name. We share your personal information with third party referencing agencies, suppliers, the landlord, contractors, our bank, Councils, an approved deposit scheme and any other third parties necessary for us to process your tenancy application, complete the tenancy in your favour, manage the property, facilitate the let and management and fulfil our legal obligations in respect of the let and management.
If you are on our contractor system or you provide services to us and/or our clients we will share your personal information with clients, landlords, tenants, other contractors and professionals.
Sharing of your information
The information you provide to us will be treated by us as confidential and will only be processed by us within the UK. We may disclose your information to other third parties who act for us for the purposes set out in this notice or for purposes approved by you, including the following:
- if we enter into a joint venture with or merge with a business entity, your information may be disclosed to our new business partners or owners
- if we instruct repair or maintenance works, your information may be disclosed to any contractor;
- if we are investigating a complaint, information may be disclosed to Police Scotland, local authority departments, the Scottish Fire & Rescue Service and others involved in any complaint, whether investigating the complaint or otherwise;
- if we are updating tenancy details, your information may be disclosed to third parties (such as utility companies and the local authority);
- if we are investigating payments made or otherwise, your information may be disclosed to payment processors, the local authority and the Department for Work & Pensions;
Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
What happens if you do not provide information that we request?
We need some of your personal information to perform the services you have requested from us. For example:
- We also need some information so that we can comply with our legal obligations. For example, we may need identity documents from you to meet our obligations to prevent fraud and money laundering.
If you do not provide the information required for these purposes, we will not be able to perform our contract with you and may not be able to provide services to you or continue to provide certain services to you. We will explain when this is the case at the point where we collect personal information from you.
5. How we keep your information secure
The security of information is very important to us and we have measures in place which are designed to prevent unauthorised access to your personal information including but not limited to:
- Our tenant/client files are stored on our secure property software package. Access is restricted on our systems to those within the business who are required to have access to your information for legitimate business purposes.
- All data is hosted on our secure server which have systems and protections in place to protect against both unauthorised access, and other external factors that could cause damage to, your personal data. There are strict access requirements in place and access is restricted to those absolutely necessary. We ensure access to personal information is restricted to Rosebery Estates employees and workers or other persons working within Rosebery Estates on a need to know basis.
6. How long do we keep your personal information?
The period we keep your personal information for will depend on the type of service we have provided you with. The retention period may be longer than the period for which we are providing services to you where we have statutory or regulatory obligations to retain personal information for a longer period or where we may need to retain the information in case of a legal claim.
7. Overseas transfers of your personal information
We ensure that the personal information we hold on your behalf is stored in locations within the UK and the European Economic Area (EEA).
8. Your rights in relation to your personal information
You have a number of rights in relation to your personal information, these include the right to:
- Be informed about how we use your personal information
- Obtain access to your personal information that we hold
- Request that your personal information is corrected if you believe it is incorrect, incomplete or inaccurate
- Request that we erase your personal information in the following circumstances:
- If Rosebery Estates is continuing to process personal information beyond the period when it is necessary to do so for the purpose for which it was originally collected
- If Rosebery Estates is relying on consent as the legal basis for processing and you withdraw consent
- If Rosebery Estates is relying on legitimate interests as the legal basis for processing and you object to this processing and there is no overriding compelling ground which enables us to continue with the processing
- If the personal information has been processed unlawfully (i.e. in breach of the requirements of the data protection legislation)
- If it is necessary to delete the personal information to comply with a legal obligation
Ask us to restrict our data processing activities where you consider that:
- Personal information is inaccurate
- Our processing of your personal information is unlawful
- Where we no longer need the personal information but you require us to keep it to enable you to establish, exercise or defend a legal claim
- Where you have raised an objection to our use of your personal information
- Request a copy of certain personal information that you have provided to us in a commonly used electronic format. This right relates to personal information that you have provided to us that we need in order to perform our agreement with you and personal information where we are relying on consent to process your personal information
- Object to our processing of your personal information where we are relying on legitimate interests or exercise of a public interest task to make the processing lawful. If you raise an objection we will carry out an assessment to determine whether we have an overriding legitimate ground which entitles us to continue to process your personal information; and
- Not be subject to wholly automated decisions which produce legal effects or which could have a similarly significant effect on you.
If you would like to exercise any of your rights please contact [email protected]
9. Complaints and Contact Detail
If you have any complaints about the way we use your personal information please contact o[email protected]. If we cannot resolve any issue you have the right to complain to the data protection authority in your country (the Information Commissioner in the UK).
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