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.
My Deposits
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Sign Up16:48 PM, 12th July 2013, About 11 years ago
Apologies for the delay in responding, it seems you’ve raised a few issues here which are separate and which I’ll need to address in turn.
1 - Protecting the deposit
Firstly, if an agent becomes bankrupt and the scheme will likely terminate their membership presuming they are made aware. In this instance the deposit will become unprotected. mydeposits will write to both the tenant and the landlord to make them aware also. Importantly, for the landlord, the liability to protect now falls on them.
In such instances the landlord would need to either:
1. Join (if not already a member) and protect the deposit with an insurance scheme (landlords are free to change deposit schemes if they wish). The landlord will then be required to return the deposit to the tenant at the end of the tenancy with or without deductions as per the normal procedures.
ALTERNATIVELY
2. The landlord can find the deposit money straight away and lodge it with a custodial scheme.
Either way the landlord will need to eventually find the deposit money in full, as it remains the property of the tenant and must be protected as such.
2 - Recovering any money/ losses
This is a separate issue and really depends on whether the agent you enlist misappropriated the client money account funds and, importantly, whether they’re covered by client money protection (CMP) insurance.
If they didn’t misappropriate funds then any appointed administrators would probably work their way through the client money account and, presuming all is as it should be, the deposit money should be paid to the landlord client in due course. If that happens then the landlord will have recovered the deposit money and will be free to negotiate deductions to the deposit with their tenants come the end of the tenancy if using an insurance scheme. If a custodial scheme was used to re-protect the deposit then the initial pay-out would have been recouped and the landlord would go about negotiating deductions as per the custodial scheme process at the end of the tenancy.
However, if the agent did misappropriate client money funds but doesn’t have CMP insurance cover, then the landlord would, unfortunately, lose out. This is why it’s vital to choose an agent who is properly covered. If they do have CMP cover then the landlord can make a claim to cover the cost.
3 - Keeping track of the deposit's status
TDP providers deal only with the registered members of the scheme re the status of the deposit and are not required to keep landlord clients or agent members updated.
My|Deposits write to all landlord clients of our registered agent members at the beginning of the tenancy. Here we would also remind landlords that the ultimate liability falls on them to protect and advise that landlords speak to their agent about deposit protection matters and keeping updated with the deposit’s status from here on in.
However, presuming a landlord can verify who they say they are then they could call our advisers and ask to check the status of a deposit. I’m afraid there is no online facility to do so – only the registered member has online access to deposit accounts.
Alternatively, we offer and online tenant check via our website, so if the landlord has the tenant’s name, address and deposit amount then it is possible to look up the protection this way. However, a search would only return whether the deposit is protected or not – no further information would be given.
I hope this is helpful. Do remember that any postings are not in any way present legal advice or positions.
Mark Alexander - Founder of Property118
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Sign Up5:29 AM, 13th July 2013, About 11 years ago
Reply to the comment left by "Sam Haidar" at "12/07/2013 - 16:48":
Hi Sam, I am confused. Your latest post seems to be at odds with your post of 277th June. What is the difference between what you've said now and my original post.
DC
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Sign Up12:33 PM, 13th July 2013, About 11 years ago
Reply to the comment left by "Sam Haidar" at "12/07/2013 - 16:48":
So as I asked, "Insured Tenancy Deposit Scheme – Insurance Against What Exactly?".
Sam, basically what you are saying now contradicts your earlier response and the insurance scheme will not pay out or cover the deposit when an agent stops trading and there is no money for the landlord to recover.
As I said I have had numerous deposits registered with My Deposits by my agent and I know that My Deposits have my full name and address but My Deposits have never once contacted me at all about anything.
In a nutshell if a landlord uses an agent then deposits are better placed in a custodial scheme where you will not lose a large amount of money if the agent goes out of business.
If I am misunderstanding something here please could you compare your two responses and clarify which is the correct answer?
Also, it would be much better if you could give us the legal answer that we can refer to otherwise none of your responses are worth the paper they are written on.
DC
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Sign Up21:51 PM, 15th July 2013, About 11 years ago
Mark - In view of the latest response from My Deposits and your suggestion on 25/6 that you had invited Mary Latham to comment on this thread as she was very influential in terms of the regulations, would it be appropriate for you to query this with Mary again as I am confused whether My Deposits actually do insure against anything.
I am grateful that Sam Haidar of My Deposits has come forward to try and answer the issues and as a senior press officer at My Deposits I would hope that he is divulging correct information. My Deposits are one of four bodies that have been granted a licence to administer a lawful scheme by the government and therefore should be 100% aware of how the legislation works. It therefore follows that My Deposits should be in a position to give accurate answers concerning their scheme and do so in a way that their policy can be relied upon. But it appears that their two posts on this particular thread contradict each other somewhat.
The relevant part of the legislation in Schedule 10 states:
(e) insurance is maintained by the scheme administrator in respect of failures by landlords to comply with such directions.
Not according to My Deposits in the most recent post by Sam Haidar.
As we know the landlord is the person ultimately responsible for the requirements surrounding protecting deposits and as far as using the insured scheme is concerned the Schedule does not mention letting agents in this respect. So as the legislation infers, the insurance cover is against the landlord no matter who actually acts on behalf of the landlord, which suggests that either My Deposits are wrong by stating that a landlord would have to dig into his own pocket if the agent who protected the deposit goes bankrupt, or the legislation is wrong?
Putting CMP insurance to one side, I would like to think that the legislation is correct and that a landlord would be insured against his agent going out of business under the terms of this scheme. This was what I thought Sam Haidar actually stated in his initial post. If however, My Deposits are charging an insurance premium under the deposit protection scheme but not actually providing any cover, it may be that many landlords are at risk of losing untold amounts of money when they thought that they had paid for insurance against this.
What is their £18/£24 fee actually for? My Deposits state on their website that you can,
“Use our free, impartial dispute resolution service if you and your tenant cannot agree on the deposit amount to be returned.”
In reality I appreciate that some of the fee would cover arbitration and admin costs. So what proportion actually covers the insurance premium and what is the landlord actually insured against? It appears that their scheme may not offer insurance to the landlord as per the legislation if Sam’s latest response is the correct one.
I think it is in everyone’s interest (landlords and tenants) to clear this up with an answer that does stand up to legal reference.
The original question which started this thread still remains unanswered: Insured Tenancy Deposit Scheme – Insurance Against What Exactly?
Mark Alexander - Founder of Property118
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Sign Up22:18 PM, 15th July 2013, About 11 years ago
Reply to the comment left by "DC " at "15/07/2013 - 21:51":
I concur, sam's first response appeared to contradict my understanding. I was very pleased with that response, even though, at that time, it appeared that my initisl response was wrong. However, Sam's subsequent post seems to imply exactly what I stated in the first place, hence my confusion.
Mary hasn't posted here for several weeks now, I have no idea why as i regularly see her posting on various other forums. I have emailed Mary to ask whether there is a problem but she has not responded.
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Sign Up2:23 AM, 16th July 2013, About 11 years ago
Reply to the comment left by "DC " at "13/07/2013 - 12:33":
EVEN if a LL uses a LA the best way to manage a deposit is for the LL to be given the deposit and use mydeposits to send the DPC and PI to the tenant.
Unless the LL is out of the country then mydeposits everytime and even then use md
There is NO argument about deposit monies when they are sitting in the LL bank account.
It always suprises me that LL allow LA to collect rent an deposit monies.
How hard can it be for a LL to check his bank account for rent receipts.
Obviously if you have 50 properties then you might leave to the LA.
But most LL only have 5 properties.
Why on earth would you allow a LA to get their grubby mitts on your income before you receive it!!??
There is NO need; if the LL finds rent not paid it only takes a phone call or email instructing the LA to chase the rent arrears up.
LL are very naive i allowing vast sums to go to a LA and be held by them.
I'd love to know how many LA would NOT do business with me if I went for a full management contract with the exception of ME receiving rent and deposit monies.
How hard can it be for a LA to be contacted by the LL about a missed rent payment!!
LA just has to produce an invoice which the LL pays.
Of course we all know why LA like the cash coming to them; cheap overdraft at ZERO cost with no chasing the LL to pay the monthly management charge.
Well just like any service I use; I expect to be invoiced and then I pay the bill.
I do NOT expect to have the monies taken from me BEFORE an invoice is sent and then sent what they think the balance is!!!