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.
michael murphy
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Sign Up12:16 PM, 22nd August 2013, About 11 years ago
Its all gone quite, but keep the faith
Murf
mrs sharp
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Sign Up2:28 AM, 11th September 2013, About 11 years ago
Just got my letter in from B o Ireland to say my mortgage rate will be up on 1st October 2013, works out at an increase of £60 per month since May 2013
Andy Jones
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Sign Up13:07 PM, 11th September 2013, About 11 years ago
Any news on how its going with getting the BOI to reverse its decison on these mortgage hikes? Mine have already kicked in. How is Mr Selig getting on with things behind the scenes. I am still hopeful something good will come from it all. Would be good to hear any news
Mark Alexander - Founder of Property118
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Sign Up14:08 PM, 11th September 2013, About 11 years ago
Yes, progress is being made and Justin is now in regular contact with the FCA. However, he is currently locked into a non-disclosure agreement whilst discussions are in progress, hence his inability to say much here at the moment. For obvious reasons, not even I am privvy to the discussions Justin is having with the FCA. I'm just hoping that no news will turn out to be good news.
Andy Jones
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Sign Up14:37 PM, 11th September 2013, About 11 years ago
Reply to the comment left by "Mark Alexander" at "11/09/2013 - 14:08":
Thanks Mark, as you say "No news is good news", and we certainly can't have any non-disclosure laws being broken ! ha ha!! Anyway I have a good feeling about it this which I am not prone to so this fills me with hope. Thanks for the update much appreciated.
Eileen Lynch
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Sign Up14:50 PM, 11th September 2013, About 11 years ago
Reply to the comment left by "Mark Alexander" at "11/09/2013 - 14:08":
Mark, I am also anxious to hear of any developments because I have just agreed a sale of one of my properties. To date I have witheld the extra interest payment and am wondering how I should proceed when it comes to paying off mortgage. I emailed Justin with my query but now understand why he has not replied.
Justin Selig - solicitor
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Sign Up21:45 PM, 17th September 2013, About 11 years ago
LEGAL ACTION UPDATE
I am writing to you to update you on events regarding the proposed action against the Bank of Ireland as a result of their increase in the differential charged on tracker mortgages.
Firstly I apologise for not coming back to you sooner, but up until now we had nothing to report.
As you will be aware, we prepared a very detailed case and submitted it to the Office of Fair Trading (OFT), the Financial Conduct Authority (FCA) and the Financial Ombudsman Service (FOS) at the end of May 2013. We heard back quite quickly from the OFT stating that they and the FCA have overlapping jurisdiction so they agreed with the FCA that the FCA would look into this and not them. Since early June we have been in communication with the FCA regarding our case. They took a very long time to respond – the reason being is that they put our case to the Bank of Ireland and waited for them to respond. The Bank of Ireland obtained counsel’s opinion to deflect our arguments and then they sent that opinion to the FCA. The FCA said they would supply me with a copy of the opinion, provided that I kept its contents confidential. We have now had a formal response from the FCA, including a copy of the BOI’s counsel’s opinion. As I am bound by a confidentiality agreement, I cannot disclose the contents of BOI’s counsel’s opinion, but as a result of the opinion, the FCA has decided not to pursue this further.
We have now had an opportunity to look at the BOI’s case and we believe it is arguable either way. We have sent the opinion to our barrister to get his feedback – given that he prepared our case in the first instance.
Once we hear back from our barrister we will contact you again. The possible outcomes are that either the barrister says it is not worth pursuing, or he feels that we have a strong case to pursue. In the event that he thinks we have a strong case to pursue, we will launch a privately funded legal action against BOI based on our test case. If our test case is successful, then we will be able to apply that to a large number of other clients who have similar loans. The test case will not cover all the loans, and those with Bristol and West loans probably have a better chance of success than those with BOI originating loans. Obviously launching a privately funded action will be expensive – which is something I was trying to avoid, but it looks like we will have no choice. It will also have possible adverse costs consequences should the action not be successful. We are looking into ways to minimise the cost exposure and will come back to you once we have more information on this.
Now that we know where we are with regards to the FCA, we are now able to start to take action again. We are still expecting to hear back from the FOS and I will let you know as soon as we hear from them.
Regards
Justin
David Lawrenson
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Sign Up11:06 AM, 18th September 2013, About 11 years ago
The Bank of Ireland is accused in this case of keeping key details hidden away in small print or not disclosing them at all. (In this case that that the mortgage rate could be "flexed away" from what borrowers thought was a fixed margin over the Bank of England's base rate).
I see no difference here with the Foxtons case, in which repeat renewal fees on letting contracts had been hidden from landlords in the small print by that letting agent and other agents.
Ulitmately Foxtons lost that case in the Appeal Court when Lord Justice Mann ruled that hiding away important terms acted as a "trap" to the detriment of consumers and was unfair.
This case should be actively pursued, not least because other lenders, most notably Barclays-Woolwich and NatWest will be watching this very carefully, as they will also be looking for a way to get out of base rate tracker deals that are now costing them a fortune, as we explain here:
http://www.lettingfocus.com/blogs/index.php/category/bank-of-ireland/
Mark Alexander - Founder of Property118
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Sign Up11:19 AM, 18th September 2013, About 11 years ago
Reply to the comment left by "David Lawrenson" at "18/09/2013 - 11:06":
I agree David, but it's easier said than done.
The risks are that the Class Action litigation fails in Court and the BoI is awarded legal costs.
I doubt that will ever happen but I only have the benefit of having read our Barristers opinion and the affected parties have not even had that. I have not, nor will I be able to see the BoI barristers opinions and neither will the affected borrers.
I suspect that a fighting fund in the region of £100,000 will have to be raised to fight the initial test case. If won, that will probably allow for all other cases to be fought on a no win no fee basis.
I hope this does go to trial now but that will depend on whether affected borrowers will be able to raise a sufficient fighting fund.
£100,000 is a lot of money!
To date around £10,000 has been raised and spent to get this far.
David Lawrenson
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Sign Up12:00 PM, 18th September 2013, About 11 years ago
Thanks Mark,
Yes, I see what you mean.
Given the wider importance of this - and the fact that, in our opinion, the implications of BOI getting away with it goes beyond just the BOI mortgages, I wonder if other organisations interested in the welfare of landlords and other consumer groups too (as this matter is wider than just landlords) could be interested in supporting any further action that might be needed in the future.
I would have thought Which (for consumers) and the various landlord organisations (for landlords) would have an interest in this.... and from memory I seem to recall they may have been involved in going against Foxtons in that particular case, which, in the end, went all the way to the Appeal Court.
As there seems to be a really wide issue here re transparency in financial services and clarity of contracts, maybe it is coming to the time to get the wider national press onto the matter, I would have thought?
Lots of opportunity for 118 to be quoted by the Nationals.