Herbert & Sons

Fair Processing Notice

This notice is to explain what information we collect about you, when we collect it and how we use it. During our activities, we will process personal data (which may be held on paper, electronically, or otherwise) about you and we recognise the need to treat it in an appropriate and lawful manner. The purpose of this notice is to make you aware of how we will handle your information.

Herbert & Sons

Herbert & Sons take the issue of security and data protection very seriously and strictly adhere to guidelines published in the General Data Protection Regulation (EU) 2016/679 which is applicable from the 25th May 2018, together with any domestic laws subsequently enacted.

We are notified as a Data Controller with the Office of the Information Commissioner under registration number #ZA467716 and we are the data controller of any personal data that you provide to us.

Any questions relating to this notice and our privacy practices should be sent to Richard Herbert, richard@redsocks.co.uk, +44 7958 033850.

How we collect information from you and what information we collect

We will collect information you provide us via personal contact (email, telephone, written letter and SMS/other messaging services), as well as from your tenancy application form. We will also collect information on you that we have requested from third parties during the application process.

We collect the following information about you:

• Tenant(s) name, e-mail address, telephone number, Date of Birth, address (including any previous addresses) and proof of address, marital status, proof of identity, immigration status, National Insurance Number, nationality, next of kin, references from previous landlords/agencies, name of university or college where you are studying (if applicable), names and dates of birth of children living in the accommodation (if applicable);
• Guarantor name, e-mail address, telephone number, Date of Birth, address (including any previous addresses), marital status, National Insurance Number, nationality, next of kin (if applicable);
• Property address; term, rent, deposit, utility and service responsibilities;
• The employment status of tenants and/or guarantors, address, contact details (including email, and phone numbers) of the employer/accountant, payroll numbers, length of employment, salary information (including any regular overtime or commission), and any other income received;
• Bank account details of the tenant, including account number and sort code, and any hire purchase/loan agreements/credit cards or store cards that you have; and
• Any welfare benefits that you may be eligible for or are currently on.

In the event you choose to move to a new address and terminate the tenancy agreement, we may store the address you are moving to so that we are able to contact you if necessary or provide details of your current status to third parties relevant to your tenancy.

Why we need this information about you

We will use the information we collect to:

• Undertake and perform our obligations and duties to you in accordance with the terms of our tenancy agreement with you (if applicable);
• Enable us to supply you with the services and information which you have requested;
• Allow you to manage your tenancy;
• Carry out due diligence on any prospective tenant, including whether there is any money judgements against them, or any history of bankruptcy or insolvency;
• Analyse the information we collect so that we can administer, support and improve and develop our business and the services we offer;
• Contact you in order to send you details of any changes to our services which may affect you;
• Fulfil all other purposes consistent with the proper performance of our operations and business.

Sharing of Your Information

The information you provide to us will be treated as confidential and will be processed only by third parties, acting on our behalf, within the UK/EEA. We may disclose your information to these third parties for the purposes set out in this notice or for purposes approved by you, including the following:

• In the event we enter into a joint venture with or merged with a business entity, your information may be disclosed to our new business partners or owners;
• To carry out due diligence on you as a prospective tenant/guarantor, including but not limited to the carrying out of affordability checks, due diligence checks and the obtaining of references from relevant parties, whose data you have provided;
• If you request so, your information shall be disclosed in order to determine if there are any money judgements against you, as the prospective tenant/guarantor, or to determine if they have a history of bankruptcy or insolvency;
• If you are unable to make payments under your tenancy, your information may be disclosed to any relevant party assisting in the recovery of this debt or the tracing of you as a tenant; and
• In the creation, renewal or termination of the tenancy, your information may be disclosed to the relevant local authority, tenancy deposit scheme administrator, service/utility provider, freeholder, factor, facilities manager or any other relevant person or organisation in connection with this;
• In the rare circumstance we transfer ownership of the property (you have tenancy in) to a new owner, if our tenancy agreement with you is still active, your information will be disclosed to the new owner or their agent.
• If we transfer management of your tenancy to an agent working on our behalf, your information will be disclosed to them to allow them to perform their duties to you and us.
• When there are duties to complete at the property you have tenancy in, we may disclose your contact information to the relevant third party so they are able to properly arrange a convenient appointment.
• If we are required to provide proof of, or information regarding your tenancy after it has been terminated by a third party relevant to your tenancy, we will disclose the necessary information to said party.

Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to me/ us without your consent.

Security

When you give us information we take steps to make sure that your personal information is kept secure and safe. All digital information is only stored on the devices for which it will be used, all of which are properly secured, with all software updated when available, and appropriate security and defence measures put in place to prevent malicious attacks. This includes the private networks we use and any other devices which connect to them.

Digital data is also stored on protected cloud services (OneDrive and Google), and regularly backed up to a protected hard drive.

All physical documents containing your personal data are securely stored at our office and only accessed when required.

How long we will keep your information

We will continue to hold the information we have collected for as long as you have an active tenancy agreement with us, including both fixed term and periodic tenancies.

If your tenancy is terminated and you have vacated the accommodation, we will continue to hold any information relevant to your tenancy for up to 10 years. In many circumstances we can be required to provide proof of, or information regarding your tenancy after it has been terminated by a third party. If we cannot provide the information, we may face legal ramifications or financial loss (we may be legally required to hold some types of information). We may also be requested to provide a reference regarding your tenancy after it has been terminated to another landlord/agent.

Your Rights

You have the right at any time to:

• Ask for a copy of the information about you held by us;
• Require us to correct any inaccuracies in your information;
• Object to receiving any marketing communications from us;
• Make a request of us to delete personal data of yours we hold. *

*If you are or have been involved in an active tenancy agreement then we will only be able to comply with erasure requests in specific circumstances. If you have concerns about this, please see the contact details immediately below.

If you would like to exercise any of your rights above please contact Richard Herbert, richard@redsocks.co.uk, +44 7958 033850.

Should you wish to complain about the use of your information, we would ask that you contact us to resolve the matter. You also have the right to complain to the Information Commissioner’s Office about our use of your information. The Information Commissioner’s contact details are noted below:

The accuracy of your information is important to us - please help us keep our records updated by informing us of any changes to your email address and other contact details.