This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.
The General Data Protection Regulation (GDPR) seeks to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU. It should be noted that GDPR does not apply to information already in the public domain.
Livermores The Estate Agents Ltd understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.livermores.co.uk (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
Definitions and Interpretation
In this Policy, the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and features of Our Site;
“Cookie” means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out below;
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
“Personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998 and EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and
“We/Us/Our” means Livermores The Estate Agents Ltd, a limited company registered in England under company number 05837423, whose registered address is 61 The Base, Victoria Road, Dartford, Kent, DA1 5FS, and whose Head Office address is 1 Hythe Street, Dartford, Kent DA1 1BE.
Information about Us
Our Site is owned and operated by Livermores The Estate Agents Ltd, a limited company registered in England under company number 05837423, whose registered address is 61 The Base, Victoria Road, Dartford, Kent, DA1 5FS and whose main trading addresses are:
a) 1 Hythe Street, Dartford, Kent, DA1 1BE
b) 126 Crayford Road, Crayford, Kent, DA1 4ES
Our VAT number is 626 7122 47
Our Data Protection Officer is Andrew Ming
t) 01322 228090
1 Hythe Street, Dartford, Kent DA1 1BE
We are regulated by the Information Commissioner’s Office (ICO), Reg Number Z5326151.
We are a member of National Association of Estate Agents (NAEA), Association of Residential Letting Agents (ARLA), The Property Ombudsman (TPO).
Livermores The Estate Agents is pleased to provide the following Privacy Notice:
Livermores The Estate Agents uses the information collected from you to provide quotations, make telephone contact and to email you marketing information which Livermores The Estate Agents believes may be of interest to you and your business. In you making initial contact you consent to Livermores The Estate Agents maintaining a marketing dialogue with you until you either opt out (which you can do at any stage) or We decide to desist in promoting Our services. Livermores The Estate Agents also acts on behalf of its clients in the capacity of data processor. When working exclusively as a data processor, Livermores The Estate Agents will be acting on the instruction of its client, and will work hard to ensure that the client is fully GDPR compliant.
Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence and phone calls and details of your visits to Our website, including but not limited to personally identifying information like Internet Protocol (IP) addresses. Livermores The Estate Agents may from time to time use such information to identify its visitors. Livermores The Estate Agents may also collect statistics about the behavior of visitors to its website.
Any information Livermores The Estate Agents holds about you and your business encompasses all the details we hold about you and any sales transactions including any third-party information we have obtained about you from public sources and our own suppliers such as credit referencing agencies.
Livermores The Estate Agents will only collect the information needed so that it can provide you with marketing and consulting services, this agency does not sell or broker your data, although
coincidentally there may be times when your information could be contained in data that Livermores The Estate Agents has purchased from a third-party list broker, on behalf of a client.
Legal basis for processing any personal data
To meet Livermores The Estate Agents contractual obligations to clients and to also respond to marketing enquiries. To fulfill our obligations under the law and to protect Our and Our clients (property sellers and landlords) legitimate interests. To fulfill Our clients own their contractual obligations such as carrying out repairs and property maintenance.
We will securely pass identity and financial data We collect about property sellers, prospective property purchasers and landlords to Landmark (Etsos) Units 9-10 Willow Mill, Fell View, Caton, Lancashire, LA2 9RA to fulfil Our legal obligation to carry out money laundering and financial criminal checks. We may also make reports to government agencies where We have a reasonable suspicion of money laundering or terrorist or criminal financing.
We will securely pass identity and financial information about prospective tenants to either of Our referencing agencies, Rent4Sure. Knight House, 1 The Glenmore Centre, Whitfield, Dover, Kent CT16 or FCC Paragon, 4-6 Quay Point, Northarbour Road, Portsmouth, Hampshire PO6 3TD. The referencing agency will access your credit records held with a credit referencing agency as part of the referencing process. Our referencing agency will also use identity information, banking, employment, and past residence information to obtain references from previous landlords, banks, or employers as to the suitability of a prospective tenant for a property and their ability to afford the rent. This may include telling those organisations or individuals the rent that the proposed tenancy is being marketed at. Our referencing agency may process parts of your credit records and other data they obtain to process your data automatically to produce a score which will determine whether or not you will be offered a tenancy. This is to protect the legitimate interests of our clients in having tenants who will not misuse their property and will pay the rent on time. If you refuse to give us this information or seek to try to prevent Us making use of it then we will not be able to offer you a tenancy.
We will pass identity information of new tenants to utility providers and local authority tax collection agencies to allow utility and tax accounts to be placed in the correct names to protect the legitimate interests of our clients.
We will pass property details to third party contractors to take photographs for marketing purposes and place details of properties on Our own and other websites and in the press to market them for sale or letting.
We will pass personal contact information of tenants and property details to Our approved contractors to allow Our clients to fulfil their contractual obligation to organise tenancies and maintain tenanted property and to meet their legitimate interest in protecting their property. We will take steps to require maintenance contractors to comply with their data protection obligations.
We will pass identity and financial information to legal advisors and debt collectors to protect Our and Our client’s legitimate interests by assisting in the collection of debts owed to ourselves or Our clients or to take legal advice about claims that may be advanced against Us or Our clients.
Legitimate interests pursued by Livermores The Estate Agents and/or its clients
To promote the marketing and consulting services offered by Livermores The Estate Agents and/or to market the services and/or products offered by Livermores The Estate Agents existing clients.
Through agreeing to this privacy notice you are consenting to Livermores The Estate Agents processing your personal data for the purposes outlined and to market our services and those relevant services by third parties. You can withdraw consent at any time by emailing email@example.com or writing to Us, see last section for full contact details. We may also anonymise data and then use it for statistical analysis of the property market. Where We have been given your consent to use your data for marketing purposes we will only do so to the extent that your consent was given and only to the organisations or categories of organisations we identified when seeking that consent.
Livermores The Estate Agents may on occasions pass your Personal Information to third parties exclusively to process work on its behalf Livermores The Estate Agents requires these parties to agree to process this information based on our instructions and requirements consistent with this Privacy Notice and GDPR.
Livermores The Estate Agents do not broker or pass on information gained from your engagement with the agency without your consent. However, Livermores The Estate Agents may disclose your Personal Information to meet legal obligations, regulations or valid governmental request. The agency may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of Livermores The Estate Agents, its clients and/or the wider community.
Livermores The Estate Agents will process personal data during the duration of any contract and will continue to store only the personal data needed for six years after the contract has expired to meet any legal obligations. After six years any personal data that is not needed will be deleted.
Your data will only be stored within the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
Steps We take to secure and protect your data include:
All of the data you provide to Us via https://www.livermores.co.uk/ is secured and protected via a valid HTTPS connection.
Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.
Data is held in the United Kingdom using different (multiple) servers. Livermores The Estate Agents does not store personal data outside the EEA. We use Cortec IT of Unit 17 Bybow Farm, Orchard Way, Wilmington, Dartford, Kent DA2 7ER to process email communications who also back up Our internal servers to store data.
They process data within the EU and We have a contract with them to protect data privacy. Our IT services are provided by the same company and they may have occasional access to personal data that We hold. Our business is run using management software provided by Expert Agent of Vallis
House, 57 Vallis Road, Frome Somerset BA11 3EG. They may have occasional access to data for maintenance and trouble-shooting purposes process data using a cloud-based system within the EU. We have a contract with them to protect data privacy.
By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third party Cookies are used on Our Site for advertising, targeting and essential features These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.
All Cookies used by and on Our Site are used in accordance with current Cookie Law.
Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.
Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown in the table below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them. The following first party Cookies may be placed on your computer or device:
|Name of Cookie||Purpose||Strictly Necessary|
|JESSIONID||Preserves users states across page requests.||YES|
|CookieConsent||Stores the user’s cookie consent state for our website.||YES|
Our Site uses analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products and services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
The analytics service(s) used by Our Site use(s) the following Cookies:
|Name of Cookie||First / Third Party||Provider||Purpose|
|_ga||First||Google Analytics||Used to distinguish users. This cookie registers a unique ID that is used to generate statistical data on how you use our website.|
|_gid||First||Google Analytics||Used to distinguish users. This cookie registers a unique ID that is used to generate statistical data on how you use our website.|
|_gat||First||Google Analytics||Used to throttle request rate.|
|collect||Third||Google Analytics||Used to send data to Google Analytics about the visitor’s device and behaviour. This cookie may track you across devices and channels.|
In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
Your rights as a data subject
At any point whilst Livermores The Estate Agents is in possession of or processing your personal data, all data subjects have the following rights:
* Right of access – you have the right to request a copy of the information that We hold about you.
* Right of rectification – you have a right to correct data that We hold about you that is inaccurate or incomplete.
* Right to be forgotten – in certain circumstances you can ask for the data We hold about you to be erased from our records.
* Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.
* Right of portability – you have the right to have the data We hold about you transferred to another organisation.
* Right to object – you have the right to object to certain types of processing such as direct marketing.
* Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.
In the event that Livermores The Estate Agents refuses your request under rights of access, We will provide you with a reason as to why, which you have the right to legally challenge.
Livermores The Estate Agents at your request can confirm what information it holds about you and how it is processed
You can request the following information:
* Identity and the contact detail of the person or organisation Livermores The Estate Agents that has determined how and why to process your data.
* Contact details of the data protection officer, where applicable.
* The purpose of the processing as well as the legal basis for processing.
* If the processing is based on the legitimate interests of Livermores The Estate Agents or a third party such as one of its clients, information about those interests.
* The categories of personal data collected, stored and processed.
* Recipient(s) or categories of recipients that the data is/will be disclosed to.
* How long the data will be stored.
* Details of your rights to correct, erase, restrict or object to such processing.
* Information about your right to withdraw consent at any time.
* How to lodge a complaint with the supervisory authority (Data Protection Regulator).
* Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
* The source of personal data if it wasn’t collected directly from you.
* Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
To access what personal data is held, identification will be required
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the Data Protection Act 1998, We require the payment of a small fee which will not exceed £10. Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge.
Livermores The Estate Agents will accept the following forms of ID when information on your personal data is requested: a copy of your national ID card, driving license, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If Livermores The Estate Agents is dissatisfied with the quality, further information may be sought before personal data can be released.
All requests should be made to firstname.lastname@example.org or by phoning 01322 228090 or writing to us at the address further below.
Your Right to Withhold Information
You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
How Can You Control Your Data?
When you submit personal data via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details and by managing your Account).
You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
What Happens If Our Business Changes Hands?
In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes. When contacted by a new owner or controller you will be given the choice to have your data deleted or withheld from the new owner or controller.
In the event that you wish to make a compliant about how your personal data is being processed by Livermores The Estate Agents or its partners, you have the right to complain to Livermores The Estate Agents Compliance Officer. If you do not get a response within 30 days you can complain to the Data Protection Regulator.
The details for each of these contacts are:
Livermores The Estate Agents attention of the Compliance Officer
1 Hythe Street, Dartford, Kent DA1 1BE Telephone 01322 228090 or email email@example.com
Data Protection Regulator
You also have the right to complain to the Information Commission whose details can be found (along with more information on your rights) at https://ico.org.uk.