Client Money Agreement
Terms and Conditions
How is your personal data collected?
As estate agents we use different methods to collect data from and about you. This could be information that you provide us directly when you fill out a form, or contact us via phone or email etc. During the services of providing property sales, letting and property management we may collect the following personal information (not limited to) which allows you to enjoy the use of our services:
- Your name and contact information, including email address and telephone number and company details where applicable
- Information to enable us to check and verify your identity, e.g. your date of birth, Passport, or drivers licence or other form of photo identification
- Your nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information, e.g. if you are a potential tenant applying for a tenancy
- Your income details, including payslips and bank account statements
- Proof of current address e.g. recent utility bill, bank or mortgage statement
- 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, Guardianship Order or Grant of Probate
You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our services;
- request marketing to be sent to you;
- contact us through social media;
- walk-in to our branch offices or telephone;
- enter a competition, promotion or survey; or
- give us some feedback.
Calls made to phone numbers on our website, marketing or other Strickland and Co documentation maybe recorded for training and quality purposes.
Under Data Protection Legislation, there must be a ‘lawful basis’ for the use of personal data. The lawful bases are outlined in Article 6, Section 1 of the GDPR. They are sub-sections:
a) ‘your consent’;
b) ‘performance of a contract’;
c) ‘compliance with a legal obligation’;
d) ‘protection of your, or another’s vital interests’;
e) ‘public interest/official authority’; and
f) ‘our legitimate interests’.
How we use and disclose your personal data
We use your personal information under the legitimate interest basis for using and processing. Legitimate Interest may be used as a basis for processing when we have a business or commercial reason to process your information, so long as this is not overridden by your own rights and interests. When we use and process your personal information for our legitimate interest, we will consider and balance any potential impact on you and your rights under data protection and any other relevant laws. Our legitimate business interests do not automatically override your interests – we will not use your personal data for activities where our interests are overridden by the impact on you, unless we have your valid consent.
Below are some examples:
- To provide estate agency, sales, lettings and property management services, Legal basis: contract legitimate interests
- To verify your identity, Legal basis: contract legitimate interests
- To provide customer support, Legal basis: contract
- For marketing purposes (with your consent) Legal basis: consent
How we protect your personal data
The security of information is very important to us and we have measures in place which are designed to prevent unauthorised access to your personal information including but not limited to:
- Our client files are stored on our secure client systems. Access is restricted to those systems only to employees within the business who are required to have access to your information for legitimate business purposes
- Hard copy documentation is stored in locked cabinets
We ensure access to personal information is restricted to Strickland & Co employees and workers on a need to know basis. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Once we have received your personal data we will use reasonable and necessary procedures and security features to try and prevent unauthorised access. We limit who can access your personal data to those individuals and third parties who need to know it and who are subject to a duty of confidentiality. If we become aware of a data breach, we will notify the Information Commissioner’s Office. If we believe that the data breach is serious, we may notify you in accordance with our legal requirement.
How long your personal information will be kept
Strickland & Co will process personal data for as long as it is necessary for us to maintain the relationship established through your application to buy, sell rent and let. We will store the personal data for at least the term of the agreement and for as long as we deem it necessary for tax, legal and other legitimate purposes We will update these details should you notify us of any material change during this period.
If we process your data based on legitimate interest, we will retain your data for so long as the purpose for which it is processed remains active. We review the status of our legitimate interests and will update this notice whenever we determine that either a legitimate interest no longer exists or that a new one has been found.
- Organisational Measures
Strickland & Co shall ensure that the following measures are taken with respect to the collection, storing and processing of personal data. All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDP
Under data protection laws you have the right to protect and look after your personal data. You have the right to:
- Request that your personal information is corrected if you believe it is incorrect, incomplete or inaccurate
- You have the right to lodge a complaint regarding our use of your data
- You can choose not to provide us with personal data
- You can turn off cookies in your browser by changing its settings
- The right to be informed about our collection and use of personal data
- The right of access to the personal data we hold about you
- The right to rectification if any personal data we hold about you is inaccurate or incomplete (please use the contact us section of the website)
- The right to restrict (i.e. prevent) the processing of your personal data
- Rights with respect to automated decision making and profiling
Transferring Personal Data to a Country Outside the EEA
We may transfer or process your personal information in locations outside the UK and the European Economic Area (EEA) only if you the data subject is involved in a transaction outside the UK and the European Economic Area (EEA). We will require your consent before processing this and it will be your responsibility to ensure that an equivalent level of protection and safeguarding of your personal information is in place for the territory in which your data is being sent. Adopted or approved by the European commission under the General Data Protection Regulation (EU) 2016/679 (“Data Protection Legislation”)
We will only do so where we are permitted to do so by law:
- Where the transfer is based on standard data protection clause adopted or approved the European commission
- Where the transfer is to a territory that is approved/ deemed adequate by the European commission
Disclosure & Liability
Strickland & Co will not pass on your personal data to third parties outside of our service providers that we use to perform the necessary tasks to fulfil your enquiry or request (without first obtaining your consent).
We may disclose your personal information to third parties if:
- We sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- We are under a duty to disclose or share your personal data to comply with any legal obligation, or to enforce or apply our Terms and Conditions and other agreements; or to protect the rights, property or safety of Strickland & Co, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
- Where we use third party services providers who process personal information on our behalf 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.
- Other third parties we use to help us run our business, e.g. website suppliers, credit referencing agencies, social media sites
Please not that by not providing us with your date may limit the service we can provide you.
The Website and Content is provided “AS IS” and on an “AS AVAILABLE” basis and Strickland & Co does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Website or any Content. All implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law.
6.2 In no event will Strickland & Co be liable for any loss including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, arising out of or in connection with the use of this Website.
Strickland & Co has tried to ensure that all the content provided on the website is correct at the time of publication. The Content is provided on an information basis only and should not be relied upon. No responsibility is accepted by or on behalf of Strickland & Co for any errors, omissions, or misleading content on the website or on any websites to which the website connects.
Strickland & Co does not warrant that the website or its content will be uninterrupted or error free, that any defects will be corrected, or that this Website or the server that makes it available are free of viruses or bugs.
Data Security – IT Security
The Company shall ensure that the following measures are taken with respect to IT and information security
All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters and numbers.
Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method.
Strickland & Co takes all reasonable care to ensure that the information contained on this website is accurate, however, we reserve the right to change the information on this website (including these terms and conditions) at any time. You must therefore check these terms and conditions for any such changes each time you visit this website.
Strickland and Co will not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
All personal information that we may collect will be collected, used and held in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 (“Data Protection Legislation”) and your rights and our obligations under that Act.
Please note this Policy does not apply to the practices of companies we do not own or control or to people that we do not employ or manage. We may link or otherwise provide access to third party sites. We provide these links for your convenience only. We have no control over, do not review and are not responsible for third party sites, their content, or any goods or services available through these third-party sites.
Removal of your information, contacts or complaints
If you wish us to remove personally identifiable information from our web site, you may contact us at firstname.lastname@example.org .To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
If you have any cause for concern or complaints about our use of your personal data, please contact us using the above contact details. We will do out utmost to solve the problem for you. If we are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office. Their address is:
Frist Contact Team
Information Commissioners Office
For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau
STRICKLAND & CO ESTATE AGENTS LTD
Registered in England Number: 11024557
Registered office: Victoria House, 12 Hatherley Road, Sidcup, Kent, DA14 4DT