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.
Mark Alexander - Founder of Property118
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Sign Up15:00 PM, 25th June 2013, About 12 years ago
Hi Robert
Landlords need to be more diligent about who they entrust their businesses to. Getting caught like this is no different to a shopkeeper forgetting to switch his alarms on and lock his door as he leaves the shop at night. If he does that and comes in the next morning to find no stock in his shop who is to blame? Some will say the thieves of course, others will say the shopkeeper for being daft enought not to secure the premises. Bottom line is that it doesn't matter who's right, the shopkeeper still has to deal with the problem. It's a cruel world and we are all responsible for protecting ourselves. When it comes to appointing letting agents I'm sure you will not make the same mistakes again and that you now know what questions to ask. Sorry if that sounds harsh Robert but it's the truth and sharing best practice is the reason I founded this website. We all live and learn, me included.
DC
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Sign Up16:31 PM, 25th June 2013, About 12 years ago
Mark – You may have missed my point. I was merely playing devil’s advocate here and thankfully I am not in any way connected with the failed agent from Market Deeping and I fully understand the differences between insured and custodial schemes etc. You make a valid point though regarding choosing an agent that has in place client money protection and professional indemnity insurance. I also agree that there should be Letting Agent regulation in place but to make CPI and PI insurance a lawful requirement isn’t really addressing the problem with the inadequate DPS legislation.
We all know that regulation is needed but I don’t see all the existing regulatory bodies doing much about ridding those unjustified fees some agents are still charging, but that’s a matter for another thread. And phew, your response to poor old Robert Wallace was a bit harsh and a kick in the teeth to all the other affected landlords too! If you could answer any of my questions it may actually help Robert and others to try to sort out the mess they have been left in.
Chris Sheldon – thanks for your response, which has gone some way to answering a few of my questions. You make a very relevant point, “What benefit is there to anyone involved in an insurance based scheme?”.
Of course the buck stops with the landlord and I don’t agree that many landlords are unaware of this. Surely anyone with an ounce of common sense that has done all the research into property investment will be very aware of exactly what he or she is responsible for? If not then we landlords definitely need regulating as well! But why has the government allowed such a scheme (insurance scheme) to exist where any old agent can take a tenants money on behalf of a landlord and then either through reckless management of a client account or by deliberately diverting the money elsewhere, he can just walk away and leave the unsuspecting landlord to face the music? That is a crime and the DPS legislation is leaving itself wide open to it and the law makers are not providing a care of duty to the landlord. Much as Mark’s analogy with the shop keeper leaving his shop unlocked scenario is wrong, if there is blatantly insufficient legislation that leaves itself open to criminal activity it should not be the innocent party that has to pay.
We are all aware that the deposit legislation has its obvious ambiguities but this particular oversight not only has a major impact on landlords and even mortgage lenders but affects the lives of the most important component in the chain, the tenant.
Take this very basic scenario - Imagine the damage caused by the failure of a small agency that services 20 landlords that each owns an average of 5 properties rented out for £600pm. The landlords could potentially be out of pocket to the tune of £60000 just for the first months unpaid rental income and they may also face a demand for a similar amount from the insurance scheme administrator to cover the costs of deposit monies paid out. A few months down the line the mortgage lender will start putting pressure on with the threat of repossession as well.
Also assuming the tenants have invoked the return of the “insured” and “protected” deposit money do the deposit administrators really think they will get their money back from the bankrupted landlords? I doubt it. Oh and what about the 100s of tenants and occupants that have had their money misappropriated and are faced with the threat of homelessness in to the bargain?
So what was the thinking behind this curios alternative within deposit protection legislation? After all, if we breach DPS law it could cost us our deposit and up to 3 times more in fines. But we have been given the choice to utilise one scheme that does not actually guarantee deposit protection and another that does guarantee protection! How did this omission get past those clever people that devised the law?
So as our non-regulated industry has the choice of the safe “custodial” deposit protection scheme I ask, why was the “insurance” scheme even given any thought, or are we still missing the point about what is insured and how deposit money is protected?
It’s no wonder there are some organisations associated with the housing/rental industry that see things from a different perspective and can you blame them?
With the exception of Chris’s response nobody has ventured to answer my other questions regarding whether a letting agent is considered to be part of an authorised deposit taking institution under FSCS rules and if so would either the landlord or the insurance based scheme administrator have any redress for compensation via the FSCS? Perhaps this may be a further course of investigation for those landlords left in the lurch over at Market Deeping?
Okay, I’ve got my flack hat on!
Mark Alexander - Founder of Property118
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Sign Up17:18 PM, 25th June 2013, About 12 years ago
It certainly wasn't man intention to kick anybody in the teeth or to be harsh and I apologise if it came across that way. I just say it as I see it. Obviously I am very sympathetic but that's not much help really is it. My intention in my replies to this post have been to ensure that people don't continue to make the same mistakes. First time around it's OK to put it down to experience, making the same mistake more than once is the definition of daft.
I prefer the insured scheme but I've obviously not made a very good case for it despite my best efforts. Therefore, I have invited Mary Latham to comment on this thread as she was very influential in terms of the the regulations and making sure that England and Wales were not saddled with the same problems as landlords in Australia who only had a custodial scheme at the time.
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Sign Up20:30 PM, 25th June 2013, About 12 years ago
Mark;
Sorry for the confusion.
I am distrustful of any insurance scheme; even RGI.
Until I know what the claim process requirements are I wouldn't take any notice of how good an insurance supposedly was.
I have no knowledge of a successful or unsuccessful CMP or PI claim.
Even if successful though the time it would take for the claim to process would be probably too late for the LL.
Properties will have been repossessed and LL bankrupted.
This is why I don't care what insurance is provided; I would always insist on my holding the deposit and rent monies and then be invoiced by my LA if I have one.
If the LA doesn't wish to do business that way; I wouldn't use them.
80 % of PRS LL are small LL and are more than capable of managing rent payments.
How hard can it be to check on the most fundamental part of your business; the rental payments.
Online banking is very easy now.
Obviously extensive portfolios like yours may necessitate more sophisticated rent management measures.
For most little LL they just have to check their bank accounts to ascertain whether the rent has been paid; probably 5 payments a month!
It is actually good practice to check one's bank account every day.......................................it is a valuable anti-fraud measure!
It does NOT need a LA to collect those rents and then pass them on to the LL minus deductions.
No; far better for the LL to receive rent and then pay a LA invoice; far less risky aswell, cos it doesn't matter where the LA goes!, the rent and deposit monies sit in my bank account!!!
I trust myself far more than any LA to hold those monies!!
My Deposits
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Sign Up10:56 AM, 27th June 2013, About 12 years ago
There does seem to be some confusion here and we're often required to clarify what exactly the 'insured' aspect of TDP relates to.
TDP was introduced to protect the tenant's money - and it does just that whether you use the custodial or insured option.
Insured TDP schemes don't hold the deposit but if a landlord or letting agent member becomes bankrupt the TDP scheme protecting the deposit is still required to pay out to the tenant (in the same way the custodial scheme would do). In such instances the insured scheme will pay out to the tenant and will then need to claim on it's insurance to cover the loss.
I hope that makes sense. The insurance aspect relates to the scheme's liability for covering the cost of repaying a tenant's deposit they're not actually in receipt of.
The benefits for landlord and letting agents in using insured schemes is that it gives you the flexibility to keep hold of deposits and remain in control of your cash flow.
Mark you are partly right in that some of the protection fee does cover the cost of arbitration but the protection fee covers various business costs, the main being insuring against the ultimate liability of paying out to the tenant. .
Hope that helps.
Mark Alexander - Founder of Property118
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Sign Up11:04 AM, 27th June 2013, About 12 years ago
Thanks for that clarification Sam, I've learned something new from that.
Another question if I may then please.
Assuming a letting agent acting for a landlord goes bust having used My Deposit, do you just pay out and claim on your insurance at that point or is my understanding correct in that both the landlord and the agent would need to be bankrupt before that happened? My understanding is that the landlord is always liable to refund first, whether or not they have actually received the money their agents collected on their behalf. Is that right?
My Deposits
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Sign Up12:00 PM, 27th June 2013, About 12 years ago
Hi Mark,
No that's not the case, it's bankruptcy of the scheme member.
The landlord is ultimately responsible for TDP but in relation to penalties for non-compliance. In terms of the deposit, the scheme is required to pay out if the member - whether agent or landlord - becomes bankrupt.
Mark Alexander - Founder of Property118
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Sign Up12:02 PM, 27th June 2013, About 12 years ago
That's very interesting and dispels yet another urban myth I have inadvertently been spreading then. Thanks again for the official confirmation 🙂
DC
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Sign Up9:44 AM, 29th June 2013, About 12 years ago
Sam, thanks for confirming what we thought the insurance was there for and for My Deposits’ procedure in respect of the tenant but it may be helpful if you would further clarify the landlord’s position where he or she might have an interest in claiming on the deposit.
Can we assume that if we the landlords have a legitimate interest in the tenant and deposit, that we can contact My Deposits and sort out whatever is reasonably required? I’m referring to circumstances where the letting agent has protected the deposit but is no longer in a position to do so and the landlord needs to invoke an insurance claim or to commence a request for a proportion of the deposit money to cover costs in relevant circumstances.
You state that an insurance payment would,
“….pay out to the tenant (in the same way the custodial scheme would do).”
So as in the case with a custodial scheme, if there are issues where the landlord would seek to deduct from the deposit, is this taken into consideration, ensuring that both the Landlord and tenant receive what is due to each other from the insurance pay out?
To qualify this I have previously experienced a letting agent go out of business, however a deposit had been placed into a custodial scheme with the DPS by the letting agent. In order to allow the return of deposit procedure I had to registered with the DPS and forward explanatory correspondence to them, which after a short period of time to allow for any response from the letting agent my interest in my tenants deposit was placed under my account details. I also needed to make a claim for dilapidations, which led to a dispute overseen by the DPS and it resulted in the amount I requested being returned to me with the remaining balance to the tenant.
A landlord is an important part of the equation in respect of deposit money and to cover formalities in a similar scenario as mine I feel that interested parties should to be kept in the loop at relevant times. As you state, the landlord is ultimately responsible for TDP so in order to be so he or she needs to be made aware of what is happening with the deposits that they are responsible for.
All of my tenants’ deposits are currently registered with My Deposits by my letting agent and although my name is on the deposit protection certificates I have not received any correspondence from the scheme administrator. My letting agent forwards me a copy of the certificate, however, despite trusting the agent 100% there would be nothing to stop the agent from notifying the scheme administrator that the deposit is to be removed from the scheme without me being informed by the letting agent or the administrator.
If a letting agent registers a deposit and names the landlord on the certificate is it possible for the landlord to monitor the deposit protection status via your website in these circumstances? If not, I think that the scheme administrator should be obliged to keep the landlord abreast of any relevant information.
In much the same way that the legislation implies that relevant persons should be made aware of the prescribed information I feel that the landlord should similarly be made aware of the status of his or her tenants deposit protection.
DC
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Sign Up12:14 PM, 11th July 2013, About 11 years ago
Can Sam Haidar or somebody else at My Deposits please clarify my previous post just to clear up whether the insured scheme does cover all eventualities in respect of landlords costs? Thanks DC