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.
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Sign Up12:21 PM, 8th September 2012, About 12 years ago
Dear Mark
This does appear to be an area of agency work where there is continuing confusion when actually the legislation is quite clear.
In response to your four questions:
1. In short, yes. The Estate Agents Act 1979 (Section 1) applies:
“…to things done by any person in the course of a business (including a business in which he is
employed) pursuant to instructions received from another person…who wishes to dispose of or acquire an interest in land:
a) for the purpose of, or with a view to, effecting the introduction to the client of a third person who wishes to acquire or, as the case may be, dispose of such an interest; and
b) after such an introduction has been effected in the course of that business, for the purpose
of securing the disposal or, as the case may be, the acquisition of that interest;
and in this Act the expression ‘estate agency work’ refers to things done as mentioned above to which this Act applies”
The subsequent Consumers, Estate Agents and Redress Act 2007 (CEARA) required any person or business carrying out ‘estate agency work’ to register with an approved redress scheme such as TPO.
A recent consultation by the Department for Business, Innovation and Skills (BIS) has indicated that the definition of ‘estate agency work’ may be relaxed in the future. I do not consider this to be a positive change as consumers will not draw a distinction between a business that looks and feels like an estate agent but is not one. My concern is that if such a relaxation of the definition occurs, consumers could be misled into a situation where, having paid money for a service in relation to buying or selling a property, different laws and differing levels of consumer protection will apply.
However, as the law currently stands, any person or business carrying out ‘estate agency work’ is required to become a member of an approved redress scheme such as TPO.
I should also stress that there is no legal requirement for letting agents to register with a redress scheme. That said, 9,523 letting offices have voluntarily registered with TPO and follow the Code of Practice for Residential Letting Agents, which we estimate represents around 65% of letting agents in the UK. Of course, this does raise questions about the level of standards and consumer protection offered by the remaining 35%.
2. There are two approved redress schemes which cover ‘estate agency work’. Consumers can check TPO’s website http://www.tpos.co.uk or Ombudsman Services’ website, both of which have search functions to determine whether a person or business is registered either as a full member (i.e. they have voluntarily agreed to follow TPO’s Codes of Practice) or under the basic requirements of CEARA.
3. Given that annual membership of TPO costs just £170 (plus VAT), it still surprises me that there are businesses conducting ‘estate agency work’ who have not registered with TPO. However, my jurisdiction does not extend to performing the role of regulator or consumer champion. As the Property Ombudsman my role is to consider disputes impartially and independently on a case by case basis. Enforcement of regulations and legislation falls under the authority of Trading Standards.
4. When a non-registered person or business is brought to my attention, our membership team will write to that business explaining their obligations under the current legislation. If we do not receive a response we will refer the matter to the local Trading Standards office. Any list of such businesses provided by Property 118 will be dealt with in the same way.
Yours sincerely
Christopher J Hamer
The Property Ombudsman
Mark Alexander - Founder of Property118
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Sign Up14:26 PM, 8th September 2012, About 12 years ago
Dear Mr Hamer
Thank you for your considered and swift response.
If readers of Property118 wish to report businesses which seems to be operating illegally as Estate Agents (not being registered with one of the two Ombudsman schemes), what is the email address they should use to report their concerns to you?
Regards
Mark Alexander
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Sign Up15:31 PM, 8th September 2012, About 12 years ago
Dear Mark
Membership queries can be sent to membership@tpos.co.uk . This is also the email address for any unregistered agents who wish to join the scheme. Alternatively, unregistered agents can go to http://www.tpos.co.uk/join-tpo.php to sign up online.
Complaints from consumers relating to agents already registered with TPO can be made here http://www.tpos.co.uk/contact.php or via email here admin@tpos.co.uk However, consumers should always ensure they have already raised the complaint with the agent, as I am unable to consider the dispute until this has occurred. Moreover, it is only fair and reasonable to give the agent the opportunity to respond in the first instance.
Regards
Christopher J Hamer
Property Ombudsman
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Sign Up23:58 PM, 8th September 2012, About 12 years ago
Dear Mark
Membership queries can be sent to membership@tpos.co.uk . This is also the email address for any unregistered agents who wish to join the scheme. Alternatively, unregistered agents can go to http://www.tpos.co.uk/join-tpo.php to sign up online.
Complaints from consumers relating to agents already registered with TPO can be made here http://www.tpos.co.uk/contact.php or via email here admin@tpos.co.uk However, consumers should always ensure they have already raised the complaint with the agent, as I am unable to consider the dispute until this has occurred. Moreover, it is only fair and reasonable to give the agent the opportunity to respond in the first instance.
Regards
Christopher J Hamer
Property Ombudsman
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Sign Up1:02 AM, 9th September 2012, About 12 years ago
As someone who has recently worked for 2 companies specializing in BMV investments I wholeheartedly agree with Mark.
I resigned from both companies due to the dishonest ways they operate, i.e. over inflating values/rental values, using "dodgy" surveyors and solicitors etc and when the client then do their own due diligence and wants to pull out are refused refunds of pre-paid fees due to one clause or another in the T & C's.
In general, there is stock out there that can be purchased BMV due to whatever circumstances and produce healthy yields but they are not that easy to come by and the key is not to pay upfront fees and ensure they carry out their own due diligence
Mark Alexander - Founder of Property118
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Sign Up1:10 AM, 9th September 2012, About 12 years ago
@d2a255a0fbc2284b2ac702da09997147:disqus do you know whether those companies were registered with an Ombudsman scheme? If not they were clearly illegal operators and you may wish to report them.
Annette Stone
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Sign Up3:20 AM, 9th September 2012, About 12 years ago
Mark. Surely if they are operating as professionals these people should have professional indemnity insurance. I would never work with anyone on a professional basis who did not have this. Mine costs an absolute fortune as I am covered for managing property and as a letting agent (not that I do my own lettings most of the time) and then separately for my business of dealing with the purchase and sales of freeholds for clients and negotiating lease extensions for both freeholders and lessees. My husband also has to be covered as a chartered accountant who is FSA registered. This is the absolute minimum I would expect from anyone dealing with things on my behalf
Vanessa Warwick
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Sign Up5:43 AM, 9th September 2012, About 12 years ago
Just wanted to thank Mark for raising this topic and for Mr Hamer for answering and engaging with the landlord community in such a helpful manner.
I have met Mr. Hamer several times and he is always approachable and very visible at events, so thank you Mr. Hamer for all you do.
We have had this same discussion on Property Tribes and have taken the liberty of copying Mr. Hamer's reply across to our thread to ensure that the PT community is aware.
http://www.propertytribes.com/should-property-sourcers-by-law-registered-as-estate-t-4063.html#
I have linked back to here so that people can read the source information.
Thanks Mark and Mr. Hamer for some really important information.
Mark Alexander - Founder of Property118
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Sign Up10:03 AM, 9th September 2012, About 12 years ago
I am going to forward the marketing emails of all suspect companies to the Ombudsman (two sent this morning) with the following message:
The Ombudsman's preferred email address is
admin@tpos.co.uk
Dear Ombudsman
Please advise whether the business advertising below is registered with
an Ombudsman and carries PI insurance.
First glance at their marketing materials leads me to believe this
business may well be breaching several of the rules under the Estate Agency act
1979 and also advertising standards.
Mark Alexander - Founder of Property118
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Sign Up11:05 AM, 9th September 2012, About 12 years ago
Dear Ombudsman
Many of the suspect property offerings my readers bring to my attention use the phrase "Instant Equity" in their marketing materials. What the agents appear to be suggesting is that properties can be purchased below market value with the benefit of 100% funding. That was possible in the last decade with a variety of lenders, particularly Mortgage Express which promoted a scheme whereby it was possible to purchase a property for cash or with bridging finance and then instantly remortgage it based on a professional open market valuation. However, the scheme and also Mortgage Express came to grief and lenders significantly tightened their lending criteria to prevent this practice. There was major concern that valuations were being inflated through manipulation of comparables and multiple valuations being instructed and the highest valuation being presented to lenders. This put valuers in a very difficult position, especially if they knew they would be able to secure significantly more valuation business by valuing high.
The remaining schemes offering effectively 100% financing that I have investigated appear to involve concealment of vital information from mortgage lenders and hence mortgage fraud.
Leaving the mortgage fraud issue to one side though, the Advertising Standards Agency now appear to be taking a stand against use of the phrase "Instant Equity" and treating that as an unfair advertising term. Please see our report on the case of ASA vs Property Secrets >>> http://www.property118.com/index.php/bmv-instant-equity-adverts-unfair-says-as/26503/
I am interested to understand what action you would take if one of your members was found to be promoting properties on this basis please?
I suspect that many of the businesses promoting properties in this way are also committing several other infringements of the Estate Agency Act 1979, in particular, failing to register with an Ombudsman service and having Professional Indemnity insurance. Your guidance on how to report suspect companies is very useful and has been picked up by several other property forums.
A better understanding of the consequences of breaches, particularly for any of your members found to be advertising "instant equity" would, I have no doubt, prove incredibly beneficial to the property community.
I look forward to your response.
Regards
Mark Alexander