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.
John Frith
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Sign Up11:50 AM, 4th February 2014, About 11 years ago
Thanks to those who have posted.
The holding deposit was several hundreds of pounds, so I find it difficult to think of how the agent could justify retaining it for out-of-pocket expenses.
Just to be clear, I'm not suggesting that I should have got the whole of the holding deposit, I am suggesting that the prospective tenant should have got back what the agent retained.
I know the “does the holding deposit fall under TDS” debate is likely to take over this thread, but my question was not about that. However it does give me an excuse to ask to see the agent's holding deposit terms ! I can argue that I need to ensure that the terms of the holding deposit (as presented by the agent) cannot be construed as falling under TDS, as then I become legally responsible, because the law will treat the agent as acting on my behalf. This would enable me to find out their rational for retaining the deposit.
Will report back.
PS Mark. Are you saying that you do actually lodge deposits more than than 30 days after receiving it, but within 30 days of the lease commencing? If so, has anyone challenged you (yet!).
Mark Alexander - Founder of Property118
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Sign Up12:08 PM, 4th February 2014, About 11 years ago
Reply to the comment left by "John Frith" at "04/02/2014 - 11:50":
Hi John
No, that's not what I was saying.
I do not take holding deposits, just referencing fees as a sign of committment. Once a tenant has paid referencing fees I hold the property for them without further charge untiol I get the results of the referencing.
I don't operate in the student market so this is never really an issue for me.
If a tenant wants me to hold onto a property for a month or so I will take a view on that before progressing to referencing. However, given that my strategy is to create high demand I rarely agree to hold a property for more than a few days as I don't enjoy void periods any more than any other landlord. What I have done in the past though if I haven't been able to re-let a property before it is vacated and where a tenant ask me to hold the property for them is to offer to start a tenancy early at a reduced rent for the first month. Tenants also seem to like this as it gives them an opportunity to move in their own time and they feel like they've got a bit of a deal too 🙂
.
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Sign Up12:55 PM, 4th February 2014, About 11 years ago
"The holding fee was several hundred pounds"
No John I'm afraid it was not, it was a deposit and you need to have a serious talk with your agent and sugest they get some detailed TDP training and education if this is their standard practice. And quite how the agent can keep hlf or more of whatever it is, fee or deposit, beats me.
Anyway at that level no way is it going to be a holding deposit and there have been enough discussions on this old subject that it is generally agreed that anything at or above a month's rent is a deposit no matter what you call it.
Romain is almost dead right again and the whole key - it is a very simple and obvious one, to a degree - is what you call it. No way would taking say £1000 as a holding deposit for a property monthly rent £500 and a referencing/application fee of£150 be treated as anything other than a deposit.
Remember the LAW and as clarified in the Localism Act closing all loopholes has demonstrated it is no keener on contrivances
in this connection than any other.
So why risk it by calling what is meant to be a holding FEE or better still, APPLICATION fee, IF that is what it is. If that is not what it is and in your heart you know really it is a deposit or part deposit then no amount of fancy footwork and window dressing will persude a Judge it is otherwise.
Why use the D word at all, ever in connection with a proposed tenancy, actual tenancy or anything else until it is the actual intended deposit. Of course if it already is the intended deposit or part towards it, as Romain correctly says, then you are sunk.
As Romain I think said, why risk it?
By the way the OFT has long ago stated that the only amount that can be retained from any advance payment of any type of application/holding/referencing call it what you will fee is "reasonable costs" incurred in handling the application.
And no, before some wag suggests it, that does not mean you can say the viewing cost £400 of your time!!!
DC
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Sign Up13:11 PM, 4th February 2014, About 11 years ago
Perhaps this link to the Government website may clarify the question of whether deposit protection is required in the circs, or not as it suggests??
https://www.gov.uk/tenancy-deposit-protection/overview
Mark Alexander - Founder of Property118
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Sign Up13:37 PM, 4th February 2014, About 11 years ago
Reply to the comment left by "DC " at "04/02/2014 - 13:11":
Thank you DC, exactly what I said then, to quote ....
"Holding deposits
Your landlord doesn't have to protect a holding deposit (money you pay to ‘hold’ a property before an agreement is signed). However, once you become a tenant, the holding deposit becomes a deposit, which they must protect."
Industry Observer
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Sign Up13:38 PM, 4th February 2014, About 11 years ago
@ DC
The only opinion that matters is that of a High Court or CoA Judge. CLG can state all it wants what it actually meant to say in its own legislation (pity it didn't) as indeed can I, Mark, any TDP Scheme and Uncle Tom Cobbly and all.
It matters not a jot.
What does matter is the Statute, others that cross reference to it, and Case Law. You may be right, or CLG might (which from memory could be a first) but what is published and you understandably put forward, is just another opinion and nothing more. In fact as it comes from the legislature which the Judiciary hate with a passion it probably does more harm than good.
I suggest anyone doubting this takes a £2500 holding deposit from a group of 5 students this month for a tenancy to start in September with a rent of £1500 a month and gives them a receipt stating it is a holding deposit and watch what happens if you become the test case.
If it ends up in Court I'd rather be prosecuting than defending you!!
@ Romain
You are 100% right in this thread and your opinions deserve more credit than I have hitherto given them - witness the notice periods thread and your lovely word "periodicity" which as has been pointed out to me is in fact a real word. I must use my Chambers or Oxford English dictionaries in future before being critical so quickly.
I owe you an apology which I now offer without reservation.
By the way is depensive (depending on) a real word I dreamt that one up years ago!!
Mark Alexander - Founder of Property118
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Sign Up13:50 PM, 4th February 2014, About 11 years ago
Reply to the comment left by "Industry Observer " at "04/02/2014 - 13:38":
A very noble post if I may say so.
The fact that we have had to agree to disagree on so many things just goes to show what a pigs ear has been made of the drafting on landlord and tenant legislation over the years. This is one of those occasions and I stand by what I have said but accept no liability if others choose to follow my lines of thought.
Given that I have never taken a holding deposit, nor will I ever take holding deposit, I will never be affected even if you turn out to be right on this occasion 🙂 (cheesy grin)
.
Romain Garcin
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Sign Up14:56 PM, 4th February 2014, About 11 years ago
Reply to the comment left by "Industry Observer " at "04/02/2014 - 13:38":
Thank you for that IO. It is gracefully accepted.
There is no hard feelings on my part, as I am very much in favour of direct, robust debates. I find it helps getting to the bottom of issues and clarifying one's own thoughts and understanding.
In that spirit I hope you did not feel offended by any of my comments, as no offence was meant.
@Mark: You won't find anyone disagreeing with you on the mess that is the legislation, that's for sure.
Industry Observer
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Sign Up15:26 PM, 4th February 2014, About 11 years ago
Mark
I think bearing in mind Superstrike and periodics being new tenancies you mean "...even if you turn out to be right AGAIN...." don't you?!!
Romain
Thanks and of course no offence taken - in fact a bonus another new best friend!!
Mark Alexander - Founder of Property118
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Sign Up15:44 PM, 4th February 2014, About 11 years ago
Reply to the comment left by "Industry Observer " at "04/02/2014 - 15:26":
If the Court of Appeal ever rule that a deposit which was protected within 30 days of the commencement of a fixed term tenancy needed to be re-protected when the tenancy became s statutory periodic I will eat the humble pie you so wish to serve to me on a platter. Meanwhile, I suggest you take it back to your freezer and expect it to stay their ad-infinitum 🙂
Meanwhile, I now have no choice other than to follow your former guidance to re-issue prescribed information within 30 days of the end of a fixed term but this is only due to my|deposits insisting on it and not having the balls to stand by the advice they previously gave to their members.
As you are aware, via offline private discussion, despite my assertions regarding TDS rules, I have implemented safeguards as recommended by my professional advisers to ensure that my tenants are unable to sue me for the deposit plus three times the deposit in the unlikely event of you being proven to be right about the issue and where I did not re-serve prescribed information for tenancies which went periodic before my|deposits changed their rules.
.