Privacy Policy

  

Harriet Fleming Surveyors Ltd Client Privacy Notice (“the Notice”)

General

1. Harriet Fleming Surveyors Limited is fully committed to protecting and safeguarding your personal information in accordance with applicable data protection legislation. For the purposes of the Notice Harriet Fleming Surveyors Limited, any references to “we” or “us” or similar collective terms in the Notice is to be taken to include reference to Harriet Fleming Surveyors Ltd

2. When we refer in the Notice to client(s). Any reference to “you” or ”your” or similar collective terms in the Notice is to be taken to include reference to client(s) 

3. Compliance with data protection legislation is the responsibility of all staff of Harriet Fleming Surveyors who process your personal information

4. The Notice explains what personal information we collect, why we collect it, how we use it, the control you have over your personal information and the procedures we have in place to protect it

5. In the case that you wish to contact us in relation to your personal information, the Notice includes sections which advises what your rights are and how you can contact us should you wish to do so

6. The Notice applies to personal information processed inside the European Economic Area (the “EEA”). We will not process personal information outside the EEA

7. We will undertake a review of the Notice annually considering any changes to our activities as necessary. We may therefore amend the Notice from time to time to comply with our legal obligations and you should come back and check it whenever you want

Protection

A. Types of Personal Information

1. We collect directly or indirectly some or all of the data in electronic or paper form listed below:

a) Names

b) Contact details (telephone numbers (to include personal or work mobile numbers/ email addresses (personal or work)/ office addresses)

c) Property leases and Registers

d) Additional information that you tell us to

B. Collection 

1. We collect personal information in three main ways:

a) Personal information that you provide to us directly by telephone, during a meeting or by email/messaging

b) Personal information collected through third parties (such as information sent by solicitors contained in Section 42, Section 45, Section 13 and Section 21 Notices)

C. Usage

1. We collect personal information about you to contact you throughout the lease extension or enfranchisement process in order to ensure we can provide you with assistance throughout the process. The information that you provide will allow us to process your registration, confirm your identity and communicate with you to provide the services to suit your needs

2. We use your personal information in the following ways:

a) For the purposes of completing either valuations and negotiations under the Leasehold Reform Housing and Urban Development Act 1993 (as amended by the Commonhold Leasehold Reform Act 2002), or for valuations in line with the RICS - Global standards 2017

b) We have set out at the end of the Notice how to contact us

c) Your information will be handled in accordance with the relevant data protection legislation at all times.

d) Your information will enable us to provide you the services you have requested. It will also enable us to bill you and to contact you when necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business

e) If you are a job applicant, we use your information either where necessary to comply with legal obligations (for example right to work checks or to carry out obligations under employment law in the case of medical information); to take steps to consider you as an applicant prior to being able to enter into an employment contract with you, and where we consider it is necessary for the purpose of our legitimate interests. We also use your information with your consent in relation to checks carried out in relation to unspent criminal convictions.

f) In the event that you were not satisfied with our recruitment decision and brought a legal challenge we would use your information to defend the legal claim.

D. Sharing 

1. Sometimes we will we share your personal information with trusted third parties, for example:

a) Freeholders and their representatives when we informally negotiate a lease extension

b) Solicitors or surveyors who act for the opposing side in the negotiations for access or to obtain further information from you

c) Third-parties who are contracted to perform jobs on our behalf for us to be able to operate effectively as a surveying business. This would include outsourced IT companies who support our website, other business systems and database storage for example

d) Third parties as necessary in the event of a claim or dispute relating to the use or our services; Service providers who need to know the information in order to provide us or you with a product or service; Law enforcement bodies and/or other regulatory entities in order to comply with any legal obligation or court order; Third parties we work with as part of providing our services, including (but not limited to) IT administrators, service providers and payment processing providers. We expect such third parties to process any data disclosed to them in accordance with applicable law, including with respect to data confidentiality and security and have appropriate services agreements in place with each.

e) Unless require to do so by law, or as set out in this privacy policy, we will not otherwise share, sell or distributes any or the personal information provided to us without your consent.

f) If our business enters into a joint venture with or is sold to or merged with another business entity, your personal information may be disclosed to our business partners or owners

2. In all circumstance, we will ensure that:

a) We provide only the information they need to facilitate the lease extension or enfranchisement process for you or to perform their specific services

b) They may only use your personal information for the exact purpose we specify in our contract with them

c) We work closely with them to ensure that your privacy is respected and protected at all times

E. Protection

1.  We will take all reasonable and necessary steps to ensure that your personal information is fully protected 

2. Access to your personal information is electronically password protected and/or contained in a locked filing cabinet in our offices which are fully secured. We use trusted IT specialists to regularly monitor our systems and ensure security

3. If you think that there has been a loss, misuse or unauthorised use of your personal information please contact us as detailed at the end of the Notice 

F. Retention

1. We will hold and use in its entirety your personal information on our database for a period of 6 years from the last point of contact.  

2. Where there has been no relevant contact/action recorded:

a) For a period of 10 years or longer your personal information will be deleted from our database without review

b) For the period between 6 years to 10 years your personal information on our database will be minimised, which means the majority of your data we hold will be deleted and we will only keep some of it as detailed below:

Remove:

· Mobile Numbers

Retain:

· Names

· Email addresses

· Recorded general historic communications (verbal and written)

The retained information will be kept only for verification purposes 

c) If we are legally required to stop processing your data we will take all necessary steps to comply fully, and if appropriate, remove your personal information from our database

3. Where you are a job applicant we will keep the information we receive about you throughout the recruitments process and for a period of six months after completion of the process. If you have not commenced employment with us we will then remove your information where we have not received any query or challenge which is outstanding. We will retain if it needed to deal with any outstanding query or challenge to the process. Where you became our employee we will keep your information where relevant to your employment and this will become part of your employment records.

G. Access, amendments or withdrawal of consent 

1. You have certain rights (as detailed below) in relation to your personal information even if you have previously allowed us to use it 

2. You can ask us at any time what information we have about you, to let you have a copy of that information and/or request that we amend or delete some or all of the information

3. We will not charge you for this in most circumstances

4. Only in accordance with our legal obligations, any refusal to provide the information in a request will contain full details of the reason for the refusal

5. Right to object:

a) You can ask us to stop processing your personal information based on a number of criteria, but the only one that might apply to us is with regards to our legitimate interest 

b) With regards to such an objection, we will stop processing your personal information unless we can show that we have compelling legitimate reasons to continue the processing 

6. Withdrawal of consent:

a) Where you have given your consent to use your personal information you have the right to change your mind at any time and withdraw that consent 

b) Please contact us in writing at the address at the bottom of the Notice 

c) In such circumstances, we will cease as soon as reasonably practicable unless there is a legitimate and lawful reason to continue 

7. Erasure:

a) You can ask that we erase your personal information in one or more of the following circumstances:

· Personal information is no longer needed for the purpose that it was originally provided or collected

· Consent was provided, and you want to withdraw consent 

· Personal information is or has been processed unlawfully

· We are required to delete the personal information to comply with our legal obligations, this includes being unable to show that we have compelling and legitimate grounds to continued processing based on the legitimate interest condition for processing

b) We will take all reasonable practicable steps to comply with our duty of erasure of your personal information as soon as reasonably possible 

c) We will, however, retain your name, email address, and general historic communications (verbal or written) for verification purposes only. 

d) If you wish your entire record to be deleted we will comply with this. 

8. Restrict:

a) You can ask us to restrict the use of your personal information. In such a case, we will simply hold your data until the reason for the restriction is satisfied or until you instruct us otherwise

9. Rectification:

a) You can ask us to rectify any incorrect or incomplete personal information that we have about you

b) Where the inaccuracy has been shared we will take steps to advise any third- parties that have the inaccurate/incomplete information and ask them to make the necessary changes, as far as is reasonably practicable

H. Contact Information

1. If you feel that your data has not been handled in the right way please contact us as detailed below:

a) Harriet Fleming

92 The Ridgeway

St Albans

AL4 9PS

b) Alternatively, please email harriet@harrietflemingsurveyors.com

2. Further, if this is the case, or if you are unhappy with our response to any requests you have made to us concerning your personal information, you can lodge a complaint at the Information Commissioner’s Office the details are as follows:

a) Information Commissioner’s Office

Wycliffe House,

Water Lane, 

Wilmslow, 

Cheshire, 

SK9 5AF

b) Alternatively, you could email them at casework@ico.org.uk or www.ico.org/concerns or live chat or call them on 0303 123 1113