Mervyn Feely & Associates is committed to protecting and respecting your privacy and our use of your personal information is governed by this Privacy Notice. This Policy explains how we collect, use, process, and disclose your information, including personal information and how we keep it secure. Mervyn Feely & Associates is the Data Controller for the personal information that it collects and uses about you.
1. Information we collect
We collect personal information about you from three sources. This includes information we collect directly from you, information we automatically collect when you visit our website or view our online content and information we collect about you from other sources.
Some personal information is classified as “special” information under information protection legislation. This includes information relating to race, ethnic origin, political opinions, religion, philosophical beliefs, trade union membership, genetic data when used to uniquely identify the individual, biometric data when used to uniquely identify the individual, health data, data concerning a natural person’s sex life, sexual orientation. This information is more sensitive and we need to have further justifications 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 information.
Personal information is any information that tells us something about you. This could include 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.
We will collect your full name and contact details (such as phone number, email address and postal address) from you whenever you engage with us.
In addition, if we are providing a service to you, or on your behalf, 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 will also confirm whether you have any relatives or close connections working at Mervyn Feely & Associates so that we can consider potential conflict of interests and, if identified how to manage these, in accordance with our Statutory and Regulatory obligations.
Depending on the service that we provide to you (or on your behalf) we may also collect additional personal information: –
• If you are selling or letting a property through us:
– We will collect a contact telephone number to get in touch with you about organising viewings and updating you on any offers received or rental applications for your property.
– Where you are not the legal owner of the property we will request details from you as to your ability to sell or let the property such as a Power of Attorney or Grant of Probate.
– We may collect your bank account details in order to carry out the full scope of works comprised in the instruction.
• If you wish to rent a property we are listing ‘To Let’, we will collect:
– Details of your specific requirements so that we can match a property that is suitable for your needs.
– Your bank, building society or similar account details to facilitate the collection of any monies associated with completing the transaction.
• If you wish to purchase a property we are listing ‘For Sale’, we will collect:
– Personal information relating to any specific requirements you may have in relation to a property so that we can match a property that is suitable for your needs.
– We will also collect personal information required to source a property for you and, where required, negotiate the purchase of a property on your behalf.
• Where you engage with us as an individual investor we will collect information required to identify you to meet anti-money laundering and counter terrorist financing requirements. If the investor is an entity such as a company, trust or charity, we may need to collect personal information about the controllers and the beneficiaries of the entity.
• If you subscribe to receive research, news or other market updates from us, then in addition to the above we will collect details about the sector in which you work and the type of content that you would like to receive.
2. How we use this information
• We use your personal information for the purposes of fulfilling our obligations to you to let or sell your property or, if you are a buyer or tenant, for the purposes of arranging a contract for sale or a lease for you.
• If you are purchasing a property where we are acting as agents for the sale of or selling a property through us, we will share your personal information with your appointed solicitors, our client, our client’s solicitors and any other third party advisors as is necessary to facilitate the sale or purchase.
• If you are renting a property we are acting as letting agents of, we will share your personal information with our client, our client’s solicitor and other third parties as appropriate including referencing agencies for the purposes of the prevention and detection of crime, fraud and/or money laundering and checking your suitability to rent that property.
• Where you engage us for portfolio management services, we will share your personal information with third party lenders as is necessary to allow us to fulfil our obligations to you and to properly manage and advise you on your property investments.
• If we sell any part of our business and/or integrate it with another organisation your details may be disclosed to our advisers and to prospective purchasers or joint venture partners and their advisers. If this occurs, the new owners of the business will only be permitted to use your information in the same or similar way as set out in this Privacy Notice.
• We will share personal information with our regulators, governmental or quasi-governmental organisations, law enforcement authorities and with courts, tribunals and arbitrators as may be required from time to time in order to comply with our regulatory and legal obligations.
• We will share with third party service providers who process personal information on our behalf in order to provide services to us. This includes IT systems providers and IT contractors as well as third party referencing or screening agencies for the purposes of the prevention and detection of crime.
• We will hold your personal information on our client management system and use this to provide you with marketing information about similar services offered by Mervyn Feely & Associates, to those which you have engaged us to provide, which we feel you might find useful from time to time. You have the opportunity to opt out of receiving this information at any time.
• To send you communications which you have requested and that may be of interest to you. This may include information about property listings for rent or sale.
• To notify you of changes to our services or policies.
• To seek your views or comments on the services we provide.
• To respond to your requests for information and other communication or correspondence you may submit to us.
• To carry out our obligations arising from any contracts entered into between you and us.
• To improve our products and services that we provide to you.
• To carry out statistical analysis and market research.
• To allow you to participate in interactive features of our Site, when you choose to do so.
• To investigate any improper use of our products, services or the network.
3. Sharing and Disclosure
3.1 Sharing with third parties
We consider your Data to be private and confidential. We may sometimes disclose your Data to agents or service providers appointed by us, to regulatory bodiesor to others who work for us in connection with the provision of products and/or services to you.
We may access and/or disclose your Data if required to do so by law or in good faith and belief that such action is necessary to: (a) conform with the law or comply with legal process served on us; (b) protect and defend our rights or property including, without limitation the security and integrity of our network and systems; or (c) act under exigent circumstances to protect the personal safety of customers, users of our services or members of the public. We may use credit scoring when assessing your order. In the event that we sell or buy businesses or assets, we may disclose your Data to the prospective seller or buyer of such business or assets.
3.2 Retention Period
The period for which we will keep your personal information will depend on the type of service you have requested from us. 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.
4. Your choices
You have a choice about whether or not you wish to receive information from us. If you do not want to receive direct marketing communications from us about our products, property opportunities or services, then you can contact us using the contact details below.
We endeavour to keep your data accurate, complete and up to date. If your information that we hold is inaccurate, you can let us know. We will make the necessary amendments, erase or block the relevant Data as you request and notify you within one month of your request that relevant action has been taken. All requests should be addressed to email@example.com.
You may also request in writing copies of your Data held by us. We will provide you with a copy of the Data held by us as soon as practicable and in any event not more than one month after the request in writing is received by us. We may also request proof of identification to verify your access request. All access requests should be addressed to firstname.lastname@example.org.
5. Links to other sites and social media
Our Site may, from time to time, contain links to and from other websites and web platforms. In addition, third party websites may also provide links to the Site. If you follow a link to any of those websites or web platforms, please note that those websites and web platforms have their own privacy policies and that we do not accept any responsibility or liability for those policies. Please check those policies before you submit any personal data to those websites. We do not accept, and we disclaim, any responsibility for the privacy statements and information protection practices of any third party website (whether or not such website is linked on or to the Site). These links are provided to you for convenience purposes only, and you access them at your own risk. It is your responsibility to check the third party website’s privacy statements before you submit any personal data to their websites.
Updated: 12th September 2018