Privacy Policy
BACKGROUND:
Property118 Ltd understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website,
www.property118.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site
. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” |
means an account required to access and/or use certain areas and features of Our Site; |
“Cookie” |
means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below; |
“Cookie Law” |
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; |
“personal data” |
means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and |
“We/Us/Our” |
Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. |
- Information About Us
- Our Site is owned and operated by Property118 Ltd, a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Our VAT number is 990 0332 34.
- Our Data Protection Officer is Neil Patterson, and can be contacted by email at npatterson@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
- Your Rights
- As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
- 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 (see section 12);
- The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
- The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14);
- The right to restrict (i.e. prevent) the processing of your personal data;
- The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
- The right to object to Us using your personal data for particular purposes; and
- If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best 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.
- For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
- What Data Do We Collect?
Depending upon your use of Our Site, We may collect some or all of the following personal data (please also see section 13 on Our use of Cookies and similar technologies):
- Name;
- Date of birth;
- Address and post code;
- Business/company name and trading status;
- Number of properties owned;
- Accountants details;
- Contact information such as email addresses and telephone numbers;
- Proof of residence and ID;
- Financial information such as income and tax status;
- Landlords insurance renewal dates;
- Property Portfolio details such as value and mortgage outstanding;
- How Do We Use Your Data?
- All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
- Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
- Providing and managing your access to Our Site;
- Supplying our products and or services to you (please note that We require your personal data in order to enter into a contract with you);
- Personalising and tailoring our products and or services for you;
- Replying to emails from you;
- Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by the unsubscribe link at the bottom of all emails;
- Analysing your use of our site and gathering feedback to enable us to continually improve our site and your user experience;
- Provide information to our partner service and product suppliers at your request.
- With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and or telephone with information, news and offers on our products and or We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
- We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
- Member profile information is collected with your consent and can be amended or deleted at any time by you;
- Anti-Money Laundering information and tax consultancy records are to be kept as required by law for up to seven years.
- How and Where Do We Store Your Data?
- We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
- Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using our site and submitting information to Us. If we do store data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR
- Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
- Do We Share Your Data?
- We may share your data with other partner companies in for the purpose of supplying products or services you have requested.
- We may sometimes contract with third parties to supply products and services to you on Our behalf. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
- We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
- In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
- What Happens If Our Business Changes Hands?
- We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
- How Can You Control Your Data?
- In addition to your rights under the GDPR, set out in section 4, we aim to give you strong controls on Our use of your data for direct marketing purposes including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails.
- Your Right to Withhold Information
- You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
- You may restrict Our use of Cookies. For more information, see section 13.
- How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at info@property118.com, or using the contact details below in section 14.
- Our Use of Cookies
- Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products AND/OR We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
- All Cookies used by and on Our Site are used in accordance with current Cookie Law.
- Before Cookies are placed on your computer or device, you will be shown a cookie prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
- Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 13.5. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 13.9, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
- The following first party Cookies may be placed on your computer or device:
Name of Cookie |
Purpose |
Strictly Necessary |
JSESSIONID |
Used only to collect performance data, with any identifiable data obfuscated |
No |
__cfduid |
This cookie is strictly necessary for Cloudflare's security features and cannot be turned off. |
Yes |
- Our Site uses analytics services provided by Google Analytics and Facebook. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products AND/OR services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
- The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
- The analytics service(s) used by Our Site use(s) the following Cookies:
Name of Cookie |
First / Third Party |
Provider |
Purpose |
__utma, __utmb, __utmc, __utmt, __utmz |
First |
Google |
Helps to understand how their visitors engage with our website |
_fbp |
First |
Facebook |
Helps to understand how their visitors engage with our website |
- In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
- You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
- It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- Contacting Us
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at info@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).
- Changes to Our Privacy Policy
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
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Sign Up12:15 PM, 4th February 2012, About 13 years ago
Mary/Mark
The problem you have both identified lies in the contract between the parties involved and paying for a 'service' involves a cointractual relationship whoever the individuals are and their relationship to each other.
The problem is that many LA's contracts are very poorly written and do not explicitly deal with the detail that is required of either party and in particular what are the responsibilities of the Landlord within the contract the LA is setting up between the Landlord and the tenant.
Neither does it explain any indemnity that the LA is providing in case of default or negligence. As a result these situations are opaque and the landlord has no clear idea. As part of Marks Licencing it should be a given that a standard minimum contract which coves many of the issues raised above, must be part of the process if it is to have any validity at all. I would hope ARLA would have such a document for its members to use as part of their code.
In the interim we need to raise LL awareness of what they should look for in the contract.
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Sign Up12:29 PM, 4th February 2012, About 13 years ago
Hi Paul
Most defaulting agencies appear to be those who are often paying LL their rent on a single monthly basis therefore it is often 6-8 weeks before a landlord recognises and can react to a problem. Our view is that cleared fund collected the previous week should be paid the following week together with a detailed breakdown of the sum. Some agencies pay over individual sums as they clear but this can be confusing for a portfolio landlord and adds un-necessary costs. This system means a landlord is immediately alerted the moment that sum is not received and can take action to divert funds from tenants back to their account. Minimises loss to around half of one months rental income unless all rents are paid on same day.
Any reputable agent should carry a £25000 bond to cover losses and be a registered member of ARLA and subscribe to their codes.
Finally they should have Professional Indemnity Cover to cover for any negligence on the part of themselves or their staff.
The latter two are items that any licencing system should require for the protection of clients and that Landlords should also carry this cover as they also risk negligence claims from their tenants. It would also be their PI insurer who who deal with PI claims against the LA.
Mary Latham
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Sign Up13:04 PM, 4th February 2012, About 13 years ago
Thank you Paul I really value a pat on the back from a peer.
I post here because I learn and share and I am abe to say what is on my mind about the business I love without worrying if this or that organisation would agree with me. The freedom to express my own views is worth more than money at this point in my life. (Thank you Tenants)
Mary Latham
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Sign Up13:19 PM, 4th February 2012, About 13 years ago
Paul there are a lot more people reading these threads than are posting. Landlords often ask me about things that I have said on a thread and comments that I have made on this site have been mentioned on another site in a post.
You have a good point about Landlords feeling that the should know something and feeling reluctant to ask for fear of looking ignorant. In my opinion the foolish person is the one who would rather get it wrong than ask. I ring the NLA advice line often to check my facts. So many things have changed in this business over the last few years and I can honestly say that I learn something new regularly and this is often something that I should have known. There are very few people who could honestly say that they know everything about the business.
If there are Landlords reading this who do not feel comfortable asking questions just use a site name to protect your privacy. I guarantee if you don't know something you will not be the only one.
Mary Latham
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Sign Up13:32 PM, 4th February 2012, About 13 years ago
I agree Roger but if we front load Licensing requirments it will increase the red tape and cost of administering the system. I think the best option is issue the licence on application. The insurer would soon begin to realise that there are certain basic measures that would reduce their risk and would either load premiums or impose conditions
Raising Landlord awareness is a major part of my working life - most of the rest of the time I am digging out Landlords who have fallen into one of the many potholes in the road to financial freedom.
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Sign Up19:28 PM, 4th February 2012, About 13 years ago
I think the problems with LA are not LA per se; it is just that LL and tenants don't know what criteria to assess the probity of a LA.
The sort of things you are mentioning are ideals.
They are certainly things I am unaware of and I reckon it would go straight over the heads of most tenants.
Somehow LL should apprise themselves as to the things you have mentioned regarding the efficacy and probity of a LA.
How is that to be achieved?
Without your valuable advices being known to every LL and tenant how are we supposed to be able to empower ourselves with the appropriate knowledge to ensure we pick an appropriate LA.
It's one of those perennials, isn't it?
Perhaps some sort of check list that could be advised on LA websites or handed over in leaflet form to both LL and prospective tenants.
This would essentially advise that this LA conformed to all the aforementioned and that any other LA who didn't comply with the checklist should most probably be avoided.
Such information would be in lieu of the ideal licencing system along with insurance that Mark Alexander has suggested
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Sign Up19:41 PM, 4th February 2012, About 13 years ago
Yes I can see you have a foot in both camps, so to speak and what you do is a very good way of being transparent with the managing of the tenancies on behalf of LL.
Not many LA offer such an efficacious service as you presently are.
I think transparency which you are facilitating is something to be commended for and should be part of your overall USP's.
These may well attract additional business compared to other LA offerings.
Richard Baker
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Sign Up11:29 AM, 5th February 2012, About 13 years ago
Agree with the idea of regulation for lettings agents. Currently it's done on a voluntary basis only - it should be made compulsory.
However a lot of people talk about 'licensing' or 'regulation' without defining exactly what they mean.
An agent has a contract with the landlord to do certain things - let the property, reference the tenants, collect the rent, administer safety tests, advise the landlord, etc. If the agent fails to do this properly, some proper Professional Indemnity Insurance (PI) should offer protection to the landlord. Most lettings agencies should be able to get some form of PI.PI will not protect the landlord if the agent runs off with the client account though. An agent with 200k of tenancy deposits in his bank account, could easily spend 150k of these on propping up his failing business (and he'll need to if he's charging 5 or 6% fully managed, as fee income won't cover his costs. The agent may never get caught - as the chance of every tenant wanting their deposit back on the same day are zero. As such the agent could run his business like this for years, and on the outside everything would seem fine. The only thing that will cover the landlord in this scenario is Client Money Protection Insurance (CMP). All ARLA or NALS agents have this - it's a condition of membership, and to get it they have to have checks done on their client accounts on a regular basis. So the solution is simple - make CMP compulsory. However in order to do that, you need an insurer that is prepared to offer this insurance to agents. The insurer will want client accounts checked before offering cover, and at that point the world will realise that probably half the agents in the UK already have a 'hole' in their client accounts. (Believe me - I've looked at buying a few of my competitors, and it's scary!). So if CMP is made compulsory, many agents would instantly get put out of business (as no insurer would cover them), and large numbers of landlords would have to take a 'hit' on money that's already been lost. As such flicking a switch and 'regulating' or 'licensing' agents will have more consequences than maybe people realise.
Mark Alexander - Founder of Property118
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Sign Up13:23 PM, 5th February 2012, About 13 years ago
I completely agree Richard and that's exactly why this licencing should be compulsory. We can only guess at how many agents are dipping into client money but I've heard several stories of good businesses who have looked to buy other letting agents only to discover this goes on more than many could possibly imagine. I think that's why the likes of ARLA push so hard for regulation and why so many agents fight against it. If only the good agents were to sign the petition and get their tenants to do the same we would easily get 100,000 signatures and get this raised in parliment. It's been a slow start to getting signatures on the petition but we have a whole year and hopefully the message will spread. If only the agents who have commented here were to ask their tenants to sign the petition that would be a few 1,000 and with a bit of luck that would be sufficient to start an avalanche of signings as they pass on the message.
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Sign Up0:34 AM, 6th February 2012, About 13 years ago
My long held and unproven suspicion that I have long held with no direct experience is that as you suggest most LA are NOT running a viable business proposition.
Essentially only deposits are being used as free cashflow to keep these unviable businesses going.
Personally I don't think LA should be allowed to go anywhere near tenant deposit or rent monies..
The monies should only be allowed to be accessed on production of relevant paperwork.
An independent deposit provider needs to be enforced.
Personally I do not see why ALL deposits should NOT be controlled by LL.
It is ultimately their liability anyway.
So no matter what scheme is used the monies should ALWAYS be in a LL account.
As suggested if such strictures came in then lot of LA would go out of business.
These circumsatnaces confirm all my suspicions about LA which I why I will NEVER allow them to receive rent or deposit monies.
The tenant will be required to pay directly into MY account.