Fair Processing Notice

This notice explains what information we collect, when we collect it and how we use this. During the course of 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 I/we will handle your information.

Who are we?

We are Peak Property Limited – A Lettings and Estate Agency

We 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 registered as Data Controllers with the Office of the Information Commissioner under registration number Z1986471 and we are data controllers of any personal data that you provide to us.

Our Data Protection Officer is Michelle Reeve

Any questions relating to this notice and our privacy practices should be sent to :-

Michelle Reeve
Peak Property Limited
255 Hamstel Road
Southend on Sea
Essex SS2 4LB
Tel 01702 343130
Email: info@peakproperty.co.uk.

How we collect information from you and what information we collect

We collect information about you:

From your application for accommodation
From the referencing forms that you fill out during any application process for rented accommodation
From the forms you fill out when enquiring about property sales or lettings though any of the web advertising portals that we subscribe to (including but not limited to Rightmove.co.uk. Onthemarket.com and Zoopla)
From the telephone calls you make to us.
From CCTV footage

We collect the following information about you:

Tenant name, e-mail address, telephone number date of birth, address (including any previous addresses), marital status, National Insurance Number, nationality, next of kin, name of university or college where you are studying (if applicable), the name of friends that you are staying with (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, phone and fax 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
Identification - usually a copy of your passport and letters posted to your home address (but sometimes other identification documents

Why we need this information about you and how it will be used

I/ we need your information and will use your information:

to undertake and perform our obligations and duties to you in accordance with the terms of our contract with you;
to enable us to supply you with the services and information which you have requested;
to help you to manage your tenancy;
to carry out due diligence on any prospective tenant, including whether there are any money judgements against them, or any history of bankruptcy or insolvency;
to analyse the information we collect so that we can administer, support and improve and develop our business and the services we offer;
to contact you in order to send you details of any changes to our suppliers which may affect you; and
for all other purposes consistent with the proper performance of our operations and business.
To enable us to prove we have fulfilled the governments right to rent legislation or money laundering legislation by confirming the identity of the persons we interact with.

Sharing of Your Information

The information you provide to us will be treated as confidential.

Information we hold is stored within the EEA. With exception of a complete electronic back up of our data which is held securely for catastrophic contingency purposes in California, USA.

We may disclose your information to other third parties who act for us for the purposes set out in this notice or for purposes approved by you, including the following:

If we enter into a joint venture with or merge 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 will 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.

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.

Transfers outside the UK and Europe

Information we hold is stored within the EEA. With exception of a complete electronic back up of our data which is held securely for catastrophic contingency purposes in California, USA.

Where information is transferred outside the UK or EEA, I/we ensure that there are adequate safeguards in place to protect your information in accordance with this notice

Security

It is important that personal information is stored securely and appropriate technical measures are taken to protect this information.

When you give us information we take steps to make sure that your personal information is kept secure and safe. All electronic data is stored by us is password protected. Paper files are locked under key.

How long we will keep your information

It is important that personal data is not stored for any longer than it is reasonably required

We review data retention periods regularly and will only hold your personal data for as long as is necessary for the relevant activity, or as required by law (we may be legally required to hold some types of information), or as set out in any relevant contract we have with you.

We retain all information relating to an application to rent or sell/purchase a property for 6 years after the end of the tenancy or the purchase/sale of the property.

Your Rights

You have the right at any time to:

ask for a copy of the information about you held by us in our records;
require us to correct any inaccuracies in your information;
make a request to us to delete what personal data of yours we hold; and
object to receiving any marketing communications from us.

If you would like to exercise any of your rights above please contact us at info@peakproperty.co.uk.

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

England:
Information Commissioner's Office
Wycliffe House, Water Lane
Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113
Email: casework@ico.org.uk

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.

Cookies

You should also be aware that when you visit our website we collect certain information that does not identify you personally, but provides us with “usage data,” such as the number of visitors we receive or what pages are visited most often.

Like many other web sites, we use “cookie” technology. A “cookie” is an element of data that a web site can send to your browser. It is not a computer program and has no ability to read data on your computer or instruct your computer to perform a function. A “cookie” is only used so that the web site can recognise repeat users, track usage patterns and better serve you when you return to the site. Most browsers provide a simple procedure that will enable you to control whether you want to receive cookies or not.

Linking to Other Sites

Our web site provides links to other web sites, not owned or controlled by us, that we think might be useful or of interest to you. We cannot, however, be responsible for the privacy practices used by other web sites or their content or accuracy.

Property Information

All measurements, areas and distances mentioned are approximate and are issued as a guide only. If such details are fundamental to a purchase, purchasers must rely on their own enquiries. Nothing in these particulars should be seen as a statement that the property or any fixture described or shown is in good condition or otherwise. Purchasers must satisfy themselves as to the condition of any property or item included within the sale. None of the appliances or services mentioned in these particulars have been tested and no warranty is given or implied. If reference is made either to alterations to the property or a change of use, no warranty is given by us or the Vendors/Lessors that any planning or other consents or Building Regulations approval has been obtained. Where references are made to potential uses (subject to planning) this information is given in good faith although purchasers must take their own enquiries to the relevant authorities. Most importantly if there is any particular aspect of the property about which you would like further information, we invite you to discuss this with us before you travel to view the property.

Indemnity

You acknowledge that you are solely responsible for the use to which you put this website and all information you obtain from it. All warranties, conditions, representations and terms are hereby excluded to the fullest extent permitted by law. We and all contributors to this website hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to, or use of, or inability to use this website

Copyright

The copyright of text and images on this website belongs to us. You may not make a permanent copy of or reproduce this web site in any form. You may not reproduce or incorporate this web site into any other website. You may only print, display or download temporary copies of the content to your computer for your own personal non-commercial use. You may not link to this site or frame it without the express consent from us.

Review of This Policy

We keep this Policy under regular review. This Policy was last updated on 24th May 2018.

Anti Money Laundering Policy and Procedures

Our policy & procedures

Peak Property Limited is committed to ensuring that it has adequate controls to counter money laundering activities and terrorist financing activities, in line with the Money Laundering Regulations 2007. Risk assessments will be carried out within our policies and procedures to help prevent money laundering and terrorist financing.

This risk based approach is where we assess the risk of customer’s laundering money through our business activities. Although we accepted that the majority of our customers will not launder money, we must identify criteria that would indicate a higher risk of money laundering. An example of this is where we do not meet the client face-to-face at any point during the transaction.

As part of mitigating the risk Peak Property Limited recognises that it is essential for all staff to receive training in anti-money laundering legislation and as such all staff are trained to understand the company’s responsibilities and how to identify risk. Each member of staff is also provided with a copy of this Money Laundering Policy as a reminder of their responsibilities and where/how to report suspicious circumstances.

Our nominated Money Laundering Reporting Officer (MRLO) is Michelle Reeve, whose responsibility is to receive internal reports. Our MRLO is then responsible for making a decision as to whether further due diligence is needed or a report should be made to The National Crime Agency. If it is decided that a report must be made it is the responsibility of our MRLO to file the report with The National Crime Agency (NCA).

Adherence to the “Due Diligence” identification procedures on every occasion will mitigate the risks of the business being used to launder money or fund terrorism. We recognise that under the regulatory guidance we can do this by either taking paper documentation or running an appropriate electronic Anti Money Laundering check.

The regulations identify that “Due Diligence” should be carried out on our “Client” and are required because we deal with one off transactions of €15000 or more. The customer we must identify is the beneficiary of the transaction, identified as anyone who owns or controls 25% or more of the property. Therefore all (Vendors/ Landlords) will be subject to an electronic Anti Money Laundering check. Should the check be unsuccessful we will then seek further identification through approved documentation. Should a face to face meeting not take place or the transaction be one that is identified as high risk by the company then the electronic check will be run through on “High Risk” which will check the client more thoroughly. Again, should this not be successful further identification will be sought through approved documentation.

This policy and our procedures will be reviewed annually to ensure they adequately reflect the risk of money laundering to the company. Where the client is identified by electronic means it is done so to the following guidelines which are stipulated on the regulatory guidance.

Verifying an individual’s identity electronically.

If you verify an individual’s identity electronically, you should do so from two separate online sources or a use a service provider that does so. This check must use data from multiple sources collected over period of time or incorporate checks that assess the strength of the information supplier. An electronic check from a single source (for example, a single check against the electoral roll) isn’t enough on its own to provide satisfactory evidence of identity.

An electronic record check establishes that an individual exists, not that your customer is that individual. You should therefore verify key facts that only the customer may know to establish who they say they are.

To adhere to this guidance we use a money laundering check to check multiple data sources. It also allows us to check the client is the individual by verifying their date of birth and time at the address. To get a pass the check must match at least two databases to the client’s full name and address. Where the client is seen as high risk we will set the check to high risk, which in turns means matching 3 databases for the check to be verified.

Where we have been unsuccessful in identifying the client electronically, we will collect documents in line with the following which is stipulated by the regulatory guidance.

A government issued document with the customer’s full name and photo with either the customer’s date of birth or residential address such as:

1. Valid passport
2. Valid photo card driving licence
3. National identity card
4. Firearms certificate

A government issued document (without a photo) which includes the customer’s full name and supported by secondary evidence:

1. Old style driving licence
2. Recent evidence of entitlement to state or local authority-funded benefit such as housing benefit, council tax benefit, pension, tax credits

Supported by secondary evidence such as:

1. A utility bill
2. Bank or building society statement
3. Most recent mortgage statement from a recognised lender

For customers other than private individuals

For customers who are not private individuals, such as corporate customers and private companies, the business must obtain information that is relevant e.g. company registration number, registered address and evidence that the individuals have the authority to act for the company – a search at Companies House will reveal details of directors and the Company Secretary. If subsequently we identify a person who has control of/owns 25% or more the business, we will take steps to identify those individuals.