1.1 Everyone has rights with regard to how their personal information is handled. During the course of our activities we will collect, store and process personal information about our staff, customers, suppliers and other third parties. We recognise the need to treat it in an appropriate and lawful manner.
1.2 Any breach of this policy will be taken seriously by the company.
2.1 The types of information that we may be required to handle include details of current, past and prospective employees, suppliers, current, past and prospective customers and others that we communicate with. The information, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the Data Protection Act 1998 (the Act) and other regulations. The Act imposes restrictions on how we may use that information.
2.2 This policy sets out our rules on data protection and the legal conditions that must be satisfied in relation to the obtaining, handling, processing, storage, transportation and destruction of personal information.
2.3 The Data Protection Officer is responsible for ensuring compliance with the Act and with this policy. Any questions or concerns about the operation of this policy should be referred in the first instance to info@maneely.com.
2.4 If you consider that the policy has not been followed in respect of personal data about yourself or others you should raise the matter with the Data Protection Officer.
3.1 Data is information which is stored electronically, on a computer, or in certain paper based filing systems.
3.2 Data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal data.
3.3 Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (such as a name, address or date of birth) or it can be an opinion (such as an appraisal as to their actions when interacting with us).
3.4 Data controllers are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They have a responsibility to establish practices and policies in line with the Act. We are the data controller of all personal data used in our business.
3.5 Data users include employees whose work involves using personal data. Data users have a duty to protect the information they handle by following our data protection and security policies at all times.
3.6 Data processors include any person who processes personal data on behalf of a data controller. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on our behalf.
3.7 Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties. We also wish to note our computer systems are supported/ monitored and backed up by PropertyPal.com who also many has access to any data we hold.
3.8 Sensitive personal data includes information about a person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, and will usually require the express consent of the person concerned.
Anyone processing personal data must comply with the eight enforceable principles of good practice. These provide that personal data must be:
5.1 The Act is intended not to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject. The data subject must be told who the data controller is, who the data controller's representative is (in this case the Data Protection Officer), the purpose for which the data is to be processed, and the identities of anyone to whom the data may be disclosed or transferred.
5.2 For personal data to be processed lawfully, certain conditions have to be met. These may include, among other things, requirements that the data subject has consented to the processing, or that the processing is necessary for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, more than one condition must be met. In most cases the data subject's explicit consent to the processing of such data will be required.
Personal data will only be processed for the specific purposes notified to the data subject when the data was first collected or for any other purposes specifically permitted by the Act.
We collect personal data in a number of ways, for example: in branch, over the phone, via email, via online submissions, via our terms of business and using application forms. We collect information for the purpose of assisting clients and customers with their property needs and identify other services that will assist them in property related matters.
Our terms of business and Guides to Sellers, Buyers and Landlords also make clear that we collect information for administration and marketing purposes. These Guides also set out that we disclose the information to our service providers and agents for these purposes from whom we may get commission or fees.
Personal data will only be collected to the extent that it is required for the specific purpose notified to the data subject. Any data which is not necessary for that purpose will not be collected in the first place.
Personal data will be accurate and kept up to date. Information which is incorrect or misleading is not accurate and steps will therefore be taken to check the accuracy of any personal data at the point of collection and at regular intervals afterwards.
Inaccurate or out-of-date data will be destroyed.
Personal data will not be kept longer than is necessary for the purpose. This means that data will be destroyed or erased from our systems when it is no longer required or after our statutory obligation and in accordance with RICS guidelines.
Data will be processed in line with data subjects' rights. Data subjects have a right to:
11.1 We will ensure that appropriate security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.
11.2 The Act requires us to put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data may only be transferred to a third-party data processor if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.
11.3 Maintaining data security means guaranteeing the confidentiality, integrity and availability of the personal data, defined as follows:
11.4 Security procedures include:
A formal request from a data subject for information that we hold about them must be made in writing. A Subject Access Request form is then sent which asks for more details of what is required, which must be returned.
There is then a 30 day window in which the data needs to provided after adequate checks have been made.
Any member of staff dealing with enquiries from third parties will not disclose any personal information held by us. Any enquiry made must be raised with a Company Director or the Data Protection Officer, who will:
This policy is reviewed by Maneely & Co Ltd to ensure it is achieving its stated objectives. Recommendations for any amendments should be reported to our Data Protection Officer.