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:
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- 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.
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- 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.
Mark Alexander - Founder of Property118
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Sign Up11:25 AM, 24th June 2013, About 12 years ago
@DC
I will attempt to answer your questions as fully as possible and I hope that others will too as we all have a different way of explaining things and this is both an important and a complex issue
There is a BIG difference between Deposit Protection Insurance and Client Money Protection but they often get mixed up so I will attempt to explain both.
As a landlord YOU are legally responsible for money paid as a deposit by a tenant. Legally, the money belongs to the tenant until you prove otherwise.
You have two choices. The first is to pay the money into the DPS custodial scheme. To release the money you and the tenant must both agree how much of the money is paid back to whom. If you disagree the case goes to arbitration. Theoretically, the money earned from interest on all those deposits pays for any required arbitration.
If you don't like that idea you can protect the deposit with an insured deposit protection provider. That does not mean that the provider will pay the money back if you don't. What it means is that you will be allowed to hold the money and the premium you pay will fund the cost of the arbitration required in any dispute. If a dispute occurs you are required to pay the money to your deposit protection provider.
Now here's the bit which too few landlords realise.
If you choose to appoint a letting agent, YOU remain responsible and accountable for the tenants deposit whether you actually received the money or not. The letting agent is acting for YOU.
I suggest you read the above sentence again before moving on.
What this means is that if your letting agents fails in any of his duties YOU remain accountable in law.
This accountability goes way beyond tenancy deposits. YOU still remain liable for making sure the property remains safe and compliant will the law including Gas Safety Certificates, EPC's, fire regulations and more. Similarly, any money which the agent takes on your behalf is at YOUR risk.
You can of course sue your letting agent for breach of contract or failing to provide you with a duty of care if they fail your requirements but the buck stops with you in the first instance. If your letting agent is made bankrupt the chances of being able to recover any money, whether you win any claims in court, are obviously minimal.
For this reason you need to ensure that any agent you appoint carries Client Money Protection and Professional Indemnity Insurance. These insurance policies pay out claims against the agent which are court ordered regardless of whether the agent still exists. It will still be up to you to take the case to Court before a claim can be paid out though and you may well want to instruct a solicitor as the Client Money Protection Insurers and Professional Indemnity Insurers often have get out clauses in the event they are not involved in the claim process from the outset.
There are no laws to state that letting agents must have Client Money Protection or Professional Indemnity insurance. Many in the industry, including myself and the professional bodies including ARLA, RICS, NALS, Law Society and the landlords associations, believe this should be law.
I don't know the details of the agent you are referring to in Market Deeping but the first thing you need to check is which professional bodies they belonged to and find out whether this company had Client Money Protection and Professional Indemnity Insurance. If they had a valid SAFEagent sticker in their window you are probably safe, same goes for if they were members of any of the professional bodies I've listed above. That said, even if your letting agent was insured you should still expect a battle in Court before you manage to recover any losses.
If you chose to use an agent which did not belong to one of those professional bodies then I afraid you stand to lose money.
When it comes to choosing the right agent it's a case of caveat emptor (buyer beware).
Chris Sheldon
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Sign Up11:30 AM, 24th June 2013, About 12 years ago
I have never understood the logic behind insured schemes, surely the introduction of tenancy deposit legislation was to protect a tenants deposit from rogue landlords and agents such as Market Deeping, it is of no benefit to an agent as interest on client accounts is nominal.
However, in answer to your question, the insurance covers the misappropriation of funds. The agents (in the above case) are considered to be a third party introduced by the landlord and therefore if an agent was to steal client funds then Mydeposits will seek redress through the courts from the landlord and the landlord would then have to sue the agents, which will be a very difficult task without an address for them.
We use the custodial scheme for the DPS which in my eyes is the best scheme for protection against rogue agents and landlords as they do not hold tenants deposits, which limits the amount they can acquire. If i was a tenant i would feel my deposit was much safer placed in the hands of the DPS rather than sitting in an agents or landlords bank account.
Which leads me back to my original point, what benefit is there to anyone involved in an insurance based scheme?
Mark Alexander - Founder of Property118
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Sign Up12:06 PM, 24th June 2013, About 12 years ago
Hi Chris
As a landlord who manages my own deposit protection I am a fan of the insured scheme because it gives me more control. For example, if the tenant does a runner I'm in control. If I can't trace a tenant and I am owed rent then I have a problem with the custodial scheme.
I do follow your logic for letting agents using the custodial scheme, however, part of my reasoning above is also relevant to using the insured option in that instance too.
I know your Firm LettingSupermerket.com Limited is an ARLA member and has PI insurance so either way the landlord is covered by your PI and CMP insurance. However, if you were not an ARLA member and were not covered by those insurance what's to stop you 'saying' the money was protected in the custodial scheme when in fact it isn't? There lies another problem in that; how many landlords ask their agents to provide evidence that their deposits have been protected?
In your case they don't need to ask but they should ask for a copy of your PI and CMP but how many do that?
Chris Sheldon
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Sign Up12:47 PM, 24th June 2013, About 12 years ago
@ Mark - I can see your point that it gives flexibility.
I know that for the TDS you have to (or certainly had to be) a member of a registered body with CMP & PI in place in order to hold a tenants deposit in your account and subsequently you were governed by the rules and regulations of that body which makes sense, im not sure of the process for mydeposits so i cant really comment, but i would of thought that if this is not the case it certainly should be, particularily in the light of the Market Deeping scenario.
If a landlord is registering the deposit themselves i can see the advantage as it is insured directly,and the only person who mydeposits can seek redress from is the landlord.
I am of the firm belief that a landlord should receive information regarding the deposit protection when protecting through an agent, however under the current circumstances i agree that there is nothing to stop a rogue agent from telling the landlord that a deposit has been protected.
Which seems to lead to the necessity for regulation of agents within the letting industry, something that i support strongly.
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Sign Up20:50 PM, 24th June 2013, About 12 years ago
Taking into account the obvious problems that have been highlighted here with these deposits etc; would it not be advisable for a LA to advise the LL that the LL should hold the deposit monies under mydeposits as it is the LL who is ultimately liable irrespective of what happens to the LL.
The LA would point out the problems of claiming against CMP and PL and that it is a lot better having the monies in the LL's bank account.
Indeed a good LA would suggest that rent is paid to the LL
Far better from the LL perspective that all monies should be paid to the LL and then the LA invoices the LL.
This solves the problems of LA getting their grubby mitts on funds belonging to the LL.
The claiming procedure against criminal LA may be so protracted that a LL is bankrupted long before any case against a LA was concluded in the LL favour.
One reason why I would NEVER allow ANY LA to receive rent or deposit monies.
It is perfectly possible for a LL to monitor his bank account for rent payments due.
He can easily pay a LA invoice.
I wasn't aware there may be get out clauses for CMP etc.
I doubt many LL query what the exact CMP claim process is.
Do they find out after the fact that they have missed certain deadlines etc.
The same problem occurs with RGI.
One needs to know what the exact claim process requirements are BEFORE one trusts that organisation.
Many LL have been caught out because they were not able to comply with a RGI claim process.
Being covered by any insurance does not solve the immediate cashflow crisis which can financially destroy a LL; especially a small LL.
Investing one's financial future in probity of a LA is extremely risky.
I wouldn't do it.
Until compulsory regulation of LA is introduced I would not allow any LA to receive the rent or the deposit monies.
This latest LA scandal should be a wake up call to other LL who could not suffer the losses if their LA did a runner with their rent and deposit monies.
As a LL YOU are responsible for everything; the fact that you appoint an agent to carry out your responsibilities is the LL choice.
ALL a LA is; is an extension of the LL.
Legal liability for everything is still with the LL.
Something it seems that very few LL seem to appreciate!
If the LA fails to behave as the LL should then the LL has only recourse to suing the LA for breach of contract in civil courts and possibly criminal prosecution; though this is highly unlikely; the police don't wish to be bothered.
LL if they wish to sleep easy need to ensure they receive the deposits and rent monies and just pay the LA on receipt of invoices.
Most good LA would be perfectly happy to do that; understanding a LL genuine concerns about LA doing runners!!
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Sign Up21:05 PM, 24th June 2013, About 12 years ago
Taking into account that a GOOD LA would have PL and CMP insurance; is any of them prepared to explain as a matter of course what the claim criteria is are these insurances BEFORE they take on business from a LL.
I know I would take a lot of convincing as cashflow is the immediate issue facing any small LL.
It is all very well legal cases being eventually being won; pretty pointless if in the meantime the LL has been bankrupted!!
Mortgage lenders aren't interested in a LL excuses; they want paying or they will repossess, usually within 6 months.
I very much doubt whether any PL or CMP case would be concluded within 6 months!?
Good LA would therefore recommend that the LL checks for rental receipts and retains deposit monies themselves.
LL don't have to but at least the LA would have advised that they should.
If it all goes wrong then the LL has only himself to blame.
With online banking it is not too hard to diarise when rents should be received for the various properties one has.
If it hasn't come in then contact the LA for them to commence recovery of such.
This Deeping case IS a massive reminder to LL as to how vulnerable their business model is is if they use LA of any sort.
Mark Alexander - Founder of Property118
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Sign Up23:31 PM, 24th June 2013, About 12 years ago
@paul - the benefit of dealing with an agent with PI (not PL as that's something completely different) and also client money protection is that losses are insured. Therefore, if a landlord did end up bankrupt due to delays the insurer would incur the costs of putting that right and that could cost millions. Therefore, the incentive to settle before matters get that out of hand is very strong.
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Sign Up0:02 AM, 25th June 2013, About 12 years ago
I admire your faith in insurers.
Based on my experiences over the years I have little faith that full recompense would ever occur.
There are so many intangible for consequential losses.
Sorry if I quote the wrong types of insurances.
I am not that up on them.
So for me I would insist on rent being paid directly to me aswell as the deposit monies.
You know what they say about possession being 9/10ths of the law!!!?
I prefer to possess the rent and deposits before anyone else gets a look in!!
Mark Alexander - Founder of Property118
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Sign Up10:54 AM, 25th June 2013, About 12 years ago
I don't follow you Paul. You are the biggest advocate I ever come across for RGO outside of people who actually sell this type of insurance and now you are saying you don't trust insurance. Makes no sense to me!
You only ever hear about landlords losing money when their letting agents don't have Client Money Protection and Professional Indemnity insurance. Can you give me an example of a landlord losing out where their letting agent did have these insurances in place? I suspect not but feel free to prove me wrong.
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Sign Up14:22 PM, 25th June 2013, About 12 years ago
As a landlord to whom S&J in Market Deeping were my letting agent, I appear to be well and truly shafted by this situation.
I have contacted Mydeposits.co.uk directly for clarification. All they can tell me is that they have no deposit held for my tenant's address whatsoever, and that ultimately I am responsible for my tenant's deposit. They will not even confirm that S&J were their clients (Data Protection ! - :(( )
The implication is that no money was ever deposited by the agent (my property was let by them two months ago fortunately only for a finder's fee !) and therefore unlikely to ever be reclaimed.- even though it may be a criminal offence !
Even had it been deposited, according to the other thread here - admittedly by another agent whom I curiously had cause to dismiss for not being able to find a tenant in six months - bankruptcy of the agent just blows the whole scheme to pieces as far as the landlord is concerned.
The only person protected is the tenant. As usual, the landlord has to pick up the pieces.