Tortoise Property: GDPR - DATA PRIVACY NOTICE
Introduction
Tortoise Property Ltd ("We") are committed to protecting and respecting your privacy.
This policy (together with our terms of use https://www.tortoiseproperty.co.uk/ and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).
1.Definitions
Data controller - A controller determines the purposes and means of processing personal data.
Data processor - A processor is responsible for processing personal data on behalf of a controller.
Data subject – Natural person
Categories of data: Personal data and special categories of personal data
Personal data - The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.
Special categories personal data - The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.
Processing - means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Third party - means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Data - Any information that a user of the website provides to us, through our "Contact" form, booking requests or valuation requests, or through emailing us relating to any person who can be directly or indirectly identified from that information.
We/Us/Our - Referring to us Tortoise Property Ltd, 7 Tabor Court, Hampton, Peterborough, CAMBS, PE7 8GF and contactable on 01733 592020. Our VAT number is 912748910.
We are a part of the Safe Agent, TPO Ombudsman. Our ICO registration number is Z1063432.
You/Your - A user of the website.
The Website - https://www.tortoiseproperty.co.uk.
2.Who are we?
Tortoise Property Ltd is the data controller. This means we decide how your personal data is processed and for what purposes. Our contact details are: Tortoise Property Ltd, 7 Tabor Court, Peterborough, PE7 8GF. Tel: 01733 592020 Email: hello at Tortoise Property .com. For all data matters contact Michael Matthews on mike dot matthews at tortoiseproperty.com or tel 01733 592020.
3.The purpose(s) of processing your personal data
We use your personal data for the following purposes:
- To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- To provide you with information about other goods and services we offer that are similar to those that you have enquired about, if you have consented to this;
- To provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you with information about goods and services similar to those which were the subject of a previous service/sale or negotiations of a service/sale to you. If you are a new customer, and where we permit selected third parties to use your data, we or they will contact you only if you have consented to this.
- To maintain company accounts and records
- To inform you of news, events and activities
4. The categories of personal data concerned
With reference to the categories of personal data described in the definitions section, we process the following categories of your data:
Personal data – Name, address, telephone number, email address, date of birth, National Insurance number, Bank account details, property details, occupation details, payment details, insurance details, safety certificate details (i.e. gas, electricity, legionnaires, EPC etc), ID (passport and/or driving license)
Special categories of data – ethnic origin details, any other details obtained as a result of anti-money laundering checks and applicant referencing
We have obtained your personal data from you and third party processors; ETSOS and The Lettings Hub
You may give us information about you by filling in forms (via email or via our site https://www.tortoiseproperty.co.uk/) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our services, follow and participate in any of our Tortoise Property Ltd social media channels and when you report a problem with our site.
5. What is our legal basis for processing your personal data?
a) Personal data (article 6 of GDPR)
Our lawful basis for processing your general personal data:
Consent of the data subject; Obtained via email and stored with time stamp digitally
Processing necessary for the performance of a contract with the data subject or to take steps to enter into a contract:
LANDLORD TERMS OF BUSINESS
TENANCY AGREEMENT
SALES (VENDOR) TERMS OF BUSINESS
LETTINGS INVENTORIES
SIGNED QUOTATIONS FOR WORKS
b) Special categories of personal data (article 9 of GDPR)
Our lawful basis for processing your special categories of data:
Processing necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement
Management of Employees
Potential Tenant Referencing
Processing necessary for reasons of substantial public interest on the basis of EU or Member State law
Anti Money Laundering Checks
Tenant Right to Rent Checks
More information on lawful processing can be found on the ICO website.
Software and System Providers including but not limited to:
- JP Financial Solutions
- Rightmove
- Call Miss Jones (Orca)
- Angels Media – ValPal, ChatPal and ExtraPal - Online Valuation providers
- Fixflo - Software Provider
- Paypal - Payment Provider
- Landmark - AML Checks
- Letting Hub - Referencing and insurances
- Econveyancer (ULS) - Conveyancing Services
- Giraffe360 - Software Provider
- RememberTheMilk - Diary Management System
- BriefYourMarket - Email marketing and GDPR compliance
- Agent OS - Software Provider
- Vebra Alto - Software Provider
- Agency Express - Boards
- Ring Central - Telephony system
Website Hosts and analytics platform providers including but not limited to:
- Google Analytics
- BriefyourMarket
- HeroPost - Social Media Management
- Rightmove - Property Portal
Maintenance Contractors:
- Nick Wilson Plumbing and Heating
- Mark Wilson Plumbing and Heating
- Betta Electrics
- Stephen Scotney
- Mastrad
- Hailstone Roofing
- Ramsey Fencing
- Nick Piddington Domestic Engineer
- Yes Energy Suppliers - EPC
- Clear Cleaning and Decorating
- Peterborough Window Repairs - David Wright
- TA Baker - TV Aerials
- Ace4Digital - TV Aerials
- Lock Doctor - Gary Crosby
- Benn Lock and Safe - Alarms and Locks
- Millwill Furnishers and Carpets
- TDS Contractors - Alan Ambrose
- Chimney Sweep - Ian
- JJ Tree Services - Jim Reynolds
- Peterborough Pest Control - Lee
6.Sharing your personal data
Your personal data will be treated as strictly confidential. We will only disclose your personal information to third parties when permitted by law including:
1. (a) with your consent;
2. (b) to our suppliers in order for them to help us provide our services to you, this includes: maintenance contractors, tenant application and checking services, anti money laundering checks, customer relationship management tool providers, our providers of file and email storage, providers of accounting and auditing services, mortgage services providers, legal and conveyancing services, property insurance services and utility companies, local and central government.
5.3 We only process personal data for specific purposes –
a) As set out in Section 22 of this Policy; &
b) For other purposes expressly permitted by GDPR; &
c) For the purposes meeting any statutory obligation we have; &
d) Complying with any other legal obligation.
7.How long do we keep your personal data?
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
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The Money Laundering Regulations
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5 Years
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The Estate Agents Act 1979
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6 Years
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Consumer Protections Act
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6 Years
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Cancellation Rights
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6 Years
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Equality Act
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6 Years
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Unfair Terms in Consumer Contracts Regulations
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6 Years
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Town and Country Panning Regulations
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6 Years
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EPC Regulations
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6 Years
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TPOS Code
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6 Years
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HMRC Accounting Rules
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7 Years
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8.Providing us with your personal data
If you are not a customer receiving our services under contract, you are under no statutory or contractual requirement or obligation to provide us with your personal data. But failure to do so will mean that we will not be able to action any requests from you such as book a viewing or market appraisal appointment or send you news/updates regarding our services
For our customers and contractors, we require your personal data as it is a contractual requirement
Potential buyers of any of our properties are under an obligation to provide personal data to us to enable us to meet our Anti-Money Laundering check obligations. If you fail to adhere, as a consequence we will be unable to proceed with your purchase. Potential Tenants are requested to provide personal data to enable us to perform referencing and ‘Right to Rent’ checks, failure to do so will result in us being unable to process your application.
9.Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
- The right to request a copy of the personal data which we hold about you;
- The right to request that we correct any personal data if it is found to be inaccurate or out of date;
- The right to request your personal data is erased where it is no longer necessary to retain such data;
- The right to withdraw your consent to the processing at any time, where consent was your lawful basis for processing the data.
- The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
- The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics).
Accessing Your Data
You have a right to ask for a copy of any personal information we hold on you free of charge. Please contact us to make a request on 01733 592020 or hello at tortoise property .com
10. Transfer of Data Abroad
WE DO NOT TRANSFER PERSONAL DATA OUTSIDE THE EEA.
11. Automated Decision Making
We know how much data security matters to all our clients. With this in mind we will treat your data with respect and take all reasonable steps to protect it.
We secure access to all transactional areas of our websites using ‘https’ technology.
Access to your personal data is password-protected, and sensitive data such as payment card information is tokenised to ensure it is protected.
We regularly monitor our system for possible vulnerabilities and attacks, and we carry out penetration testing to identify ways to further strengthen security.
12. Further processing
If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.
13. Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on our website and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
14. How to make a complaint
To exercise all relevant rights, queries or complaints please in the first instance contact Michael Matthews (mike dot matthews at tortoiseproperty.com or 01733 592020)
If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.
COOKIES AND HOW WE USE THEM
We do not hold any personal data through the use of cookies, nor do we place any cookies on your computer other than what is placed by Google Analytics.
Google analytics uses the following cookies:
- _ga, which exists for 2 years and is used to distinguish users.
- _gid, which exists for 24 hours and is used to distinguish users.
- _gat, which exists for 1 minute and is used to throttle request rate.
- AMP_TOKEN, which exists for 6 months and contains a token that can be used to retrieve a Client ID from AMP Client ID service. Other possible values indicate opt-out, inflight request or an error retrieving a Client ID from AMP Client ID service.
- _hjid, Hotjar cookie. This cookie is set when the customer first lands on a page with the Hotjar script. It is used to persist the Hotjar User ID, unique to that site on the browser. This ensures that behavior in subsequent visits to the same site will be attributed to the same user ID.
- _hjRecordingLastActivity, This should be found in sessionStorage (as opposed to cookies). This gets updated when a visitor recording starts and when data is sent through the WebSocket (the visitor performs an action that Hotjar records).
We may alter this cookie policy at any time. Any such changes will become binding on you on your first use of our site after the changes have been made. You are therefore advised to check this policy document from time to time
In the event of any conflict between the current version of this policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
FURTHER INFORMATION
If you would like to know more about how we use cookies, please contact us. Contact information is noted above.
