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.
Jamie Paterson
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Sign Up12:11 PM, 11th July 2016, About 8 years ago
Dear Mark,
Is it possible for you to disclose the name of the agency involved?
I really hope it is L... A... S... as their director would really deserve it for the evil things he did to his clients.
Many thanks to Property118 Team for your hard and precious work!
David Lawrenson
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Sign Up17:33 PM, 11th July 2016, About 8 years ago
Good article.
Fake letting agents and fake landlords exist and this is a growing area of criminality that is sadly, still not being dealt with effectively by the police or the Crown Prosecution Service.
I tell tenants that warning signs should flash if they view a property where the person handling the viewings says you can have it if you just put down a deposit and rent in cash right now. And to be especially wary if the property is being advertised at what seems a very cheap “too good to miss” rent.
It is dead easy to “scrape” property pictures from the internet and re-use them in a fake advert. Some criminals even go to the trouble of creating fake lettings websites. This is also not hard to do – a decent faker could do one in a few hours.
Once the criminal gets into a property, they will use a fake agency to pose as the landlord or letting agent. They then advertise the property cheaply to attract lots of demand and interest. This will rake in lots of reservation fees from would-be applicants. The criminals will even move some unfortunates into the property, which allows the fraudster to also take a “deposit” and the first months’ “rent” from the unsuspecting punters, before clearing off into the ether never to be seen again.
It is most rife in flats where security is weak and the neighbours are into the habit of letting any scally into the communal area who rings the bell to “deliver a pizza” or a piece of “mail” to another flat.
Many years ago I was a victim of this myself and my experience was that the police and the Crown Prosecution Service did not really see it as a crime and were reluctant to prosecute. I suspect that this has not changed much, with much of this crime going unreported or not categorised properly. That is why we say that, as a tenant and as a landlord people must be very much on guard for fake letting agents and landlords.
We tell tenants that the key things to protect themselves are...
• Google the landlord or agent to see if they are listed elsewhere or if any comments have been made about them. If they are using logos where they claim to be a member of a letting agents’ body, such as ARLA (Association of Residential Letting Agents) you could check with that body to see if they really are a member.
• Ask for the name of the landlord of the property (an agent should know this) and then use the land registry website to double check this. However, even if you find the name of the landlord is correct, this is still not evidence of a genuine let as anyone can obtain the owners name by paying £3 to the land registry. So ask for their ID.
• Never hand over cash - ever. A real letting agent and most decent landlords will want to check you out first and will therefore not be looking for anything more than possibly a small reservation fee to carry out reference and credit checks at this initial stage.
It is true that there will be some amateur (and not criminal fake) landlords who are prepared to take cash deposits and rent up front without doing any checks.
We tell tenants to not be shy about asking for ID proof. The landlord will be checking you out, after all, so you are entitled to check them out too. Tenants can explain that they have been a victim of a fraud before and just want to protect themselves. Suitable ID to ask for might be a passport or new style driving license (with the photo on it). Check the name against the land registry records. If it is not the same, ask why.
I explain more in my book, "Tenants Guide to Successful Renting" available at Amazon.
David Lawrenson
Site for landlords: http://www.LettingFocus.com
Site for tenants: http://www.Tenants-Renting-Guide.com
DALE ROBERTS
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Sign Up10:51 AM, 17th July 2016, About 8 years ago
Your comments, although relevant, do not address the full spectrum of letting and managing agents fraud. A very good case in point is that of Oliver-Knights who closed a bona fide business that had been in operation for many years without fault. They were members of all the necessary regulatory bodies. However, the business went rogue. Thousands of landlords and tenants were caught, in particularly the last six months of trading, and thousands of pounds was siphoned off to private bank accounts in the names of landlords, because this is permissible in the UK. The opening of a bank account in someone else's name without proof of identity. Worse, under UK law letting and managing agents act ostensibly on the instructions of the landlords once appointed. Leases can be signed off without my knowledge and tenants placed in my property without my signed sanction. And and it is landlords who are held responsible when the agency acts with impunity illegally. Letting and managing agents are not required to have a separate trust account under UK to law to manage the funds they receive. They are also not mandated to have insurance against bankruptcy or illegal practice. And the very organisations they are paying members of, that allegedly protect deposits and/or intervene when funds are misappropriated, neatly avoid responsibility for investigating such by claiming that recent membership fees were not paid by the defaulting company and as such no action can be taken. The very system is open to abuse because the UK is not prepared to regulate to protect. And that is the very reason these scams continue on the scale they do and will do so until managing and letting agents are held accountable for every action they undertake that is outside the instruction of the landlord.
It is the law that needs changing.
Mark Alexander - Founder of Property118
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Sign Up14:58 PM, 17th July 2016, About 8 years ago
Reply to the comment left by "DALE ROBERTS" at "17/07/2016 - 10:51":
Property118 Action Group are prepared to hold criminal operators accountable to the law.
Laws are being broken, the fact they are not being enforced is simple because everybody thinks it is somebody else's responsibility.
If 15 or more people are affected by a criminal operation, and they join Property118 Action Group, we will prosecute. We do not require any cooperation from Police, CPS or regulators to do that.
In all of the examples you have provided the basis of the private prosecution we would undertake on behalf of our members would be fraud by abuse of position. The directors of limited companies cannot hide from this behind any limited liability status of a company and neither can they hide behind the 6 year statute of limitations because crimes can be tried at any time, there are no limits.
The only reason we have not commenced proceedings against the directors Oliver Knights and other rogue operators is that less than 15 of their victims have joined Property118 Action Group and been prepared to give evidence.
[strategicCTA]
.
DALE ROBERTS
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Sign Up15:20 PM, 17th July 2016, About 8 years ago
I don't recall an article on the Property118 website requesting such, although I was directed towards the law firm you support to initiate private action against Oliver-Knights. That legal practise requested quite a substantial deposit to investigate my case. I declined.
However, if I inadvertently missed your "call to action" I apologise. All kudos to you for attempting justice.
A number of the Oliver-Knight victims took the matter up with Action Fraud and the company and its directors are presently under investigation.
However, this does not address the woeful lack of protective regulation that would prevent such corruption against landlords and tenants. The UK industry lags behind most countries where public money taken by companies is protected in separate accounts and cannot be utilised for the benefit of the company. Furthermore insurance protecting public money is mandated.
I reiterate - it is the UK law that needs changing.
Mark Alexander - Founder of Property118
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Sign Up15:28 PM, 17th July 2016, About 8 years ago
Reply to the comment left by "DALE ROBERTS" at "17/07/2016 - 15:20":
I disagree.
We do not require more laws.
The laws already exist and they are regularly being broken because nobody is enforcing them.
If nobody was ever punished for murder there would be more murders. It really is that simple.
To reiterate, the law is criminal law and the charge is "fraud by abuse of position".
If you get the new laws you want and nobody enforces them either you will still be no further forward will you? You efforts would be far better focused on encouraging people to take action by joining Property118 Action Group. We have a track record of helping landlords to enforce the law. No other organisation professing to protect landlords interests can justify making such a claim.
Get 15 victims or more victims of Oliver Knights to become lifetime members of Property118 Action Group and we WILL take up the case and fund a Private Prosecution. If the directors are found guilty, any assets they own will be confiscated as proceeds of crime and the sale proceeds will be used to pay compensation to victims that our action will be represented through Property118 Action Group membership.
I have added the membership CALL TO ACTION again below.
[strategicCTA]
DALE ROBERTS
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Sign Up16:01 PM, 17th July 2016, About 8 years ago
Reply to the comment left by "Mark Alexander" at "17/07/2016 - 15:28":
You contradict yourself. Thankfully there are laws against murder, as you glibly state, and thus those laws can be used against murderers without the victims having to take responsibility for bringing same to dismissive or uninterested regulatory bodies.
There are no laws regulating the corporate management of letting agencies. No laws protecting the funds made over to them, no laws protecting the deposits and rentals paid to those agencies, and no protection of the landlord who appoints them. Agencies have carte blanche to manage a landlord's affairs without accountability. The landlord is held fully responsible whether that corporate governance is legal or not. It is an egregious fact that leases can be drawn up without the knowledge of the landlord and tenants placed in properties without the landlord's sanction. The UK does not have bona fide systems in place to prevent this abuse. In fact it appears to take delight in making the role of the BTL investor most unattractive.
Recently, a property was sold without the owner being aware that banks, a reputable selling agent (Foxtons) and a legal practise had all pursued the sale without once determining if the seller was legitimate. I can assure you this would be impossible in my own country. I am legislated by law to meet stringent credit verifications for every financial contract INCLUDING BTL. No contract can be considered legal unless the ONE document is signed by both parties and witnessed by independent witnesses.
This would be a simple method to address fraud and corruption in the managing and letting agencies in the UK and I will lobby incessantly for that change.
Thank you for your input on a Sunday afternoon.
Mark Alexander - Founder of Property118
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Sign Up18:45 PM, 17th July 2016, About 8 years ago
Reply to the comment left by "DALE ROBERTS" at "17/07/2016 - 16:01":
Why do you think I contradict myself?
If an agent abuses his/her position to fraudulently use money belonging to a client (e.g. tenants deposit or rent collected on behalf of a landlord) then that is fraud. Several agents have received prison sentences for committing such crimes and several more are facing prison sentences as a result of action that Property118 Action Group is taking.
Would you like to read some reported examples? If so please see the Google search link below.
https://www.google.com.mt/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=letting+agent+fraud&tbm=nws
and this one
https://www.google.com.mt/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=letting+agent+jailed
.