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.
sharon underwood
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Sign Up19:51 PM, 18th March 2014, About 11 years ago
Reply to the comment left by "Leanne Frisby" at "17/03/2014 - 15:30":
Hi Leanne I can see why you got angry at previous comment as in your shoes I would probably feel the same, however speaking as a good LL who has just gone through hell with various tenants I can also see why the comment was made. Unfortunately many people view LL as money grabbing monsters which I can assure you is not the case,
I am myself new to this site & having just come home after working myself to the bone on account of some truly horrendous tenants I was very surprised to see a tenant being able to be able to post on this site,
I think the previous comment was probably understandable from a landlords point of view & would raise the question as to why you kept signing a new agreement, BUT before you shoot me down I do understand their are some truly horrendous LLs out their & obviously if you have a family etc you may not have been able to keep moving or indeed wanting to move.
I am not saying that the comments made where correct or incorrect I think what I am trying to say is now that you have signed up on this site maybe you could read some of the posts & try to see that actually being a LL is very demanding & VERY frustrating as the law seems only to favour the tenants & there may be a very good reason why your LL has not gotten around to doing those things that you want doing.
I could also be very wrong & he is just a very bad LL so maybe having a good long talk to your LL would produce better results for you & him.
I don't suppose for 1 min you would want to destroy anyone or anything so I hope you can find a happy compromise.
I would like to think that you could
Good luck I hope this get resolved
Mark Alexander - Founder of Property118
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Sign Up21:10 PM, 18th March 2014, About 11 years ago
Reply to the comment left by "sharon underwood" at "18/03/2014 - 19:51":
Hi Sharon
Property118 is evolving and we now have several posts from tenants. We are, after all, a property news and discussion forum and well over 50% of our articles are submitted by our readers.
We can all learn from each other 🙂
.
Industry Observer
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Sign Up21:15 PM, 18th March 2014, About 11 years ago
Mark
You may be right and eventually it may be shown that it is indeed any old 2 months if you serve what in effect was a s21(1)(b). But it is not clear that it is any old 2 months, far from it. The date issues have not now been clarified in the case of Spencer vs Taylor such that it is now any old two months notice because the decision did not say that it was any old 2 months.
It is possible and indeed quite likely that it would still have to hit a day before the rent due date, the end of a period of the rent. The decision simply said a s21 could be used, but did not dictate its structure. If it is any old 2 months then that renders the inclusion of s21(4) obsolete.
The odd thing in Roy's case is that it ever got anywhere near Court when a s213 claim is an open and shut case and the Landlord is either guilty or not, an offence has either been committed or it has not.
I do come to the same conclusion as you Mark the maximum number of claims is the maximum number of offences. The award is then discretionary per claim.
I ask again Mark what ".... ambiguity left in the wake of the Superstrike case"? Can you spell out succinctly and simply what the ambiguity is?
Mark Alexander - Founder of Property118
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Sign Up21:26 PM, 18th March 2014, About 11 years ago
Reply to the comment left by "Industry Observer " at "18/03/2014 - 21:15":
The ambiguity post Superstrike is whether or not an offence is created if prescribed information is not re-served when a tenancy becomes a statutory periodic if the deposit had previously been protected and prescribed information had been served correctly when the tenancy fixed term tenancy was created.
The reason this remains ambiguous is that no deposit was ever protected in the Superstrike case.
I understand your opinion and I agree with your advice to play it safe. Despite this I still do not agree with your opinion.
.
Industry Observer
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Sign Up9:12 AM, 19th March 2014, About 11 years ago
Red herring Mark.
TDP has to be followed on all occasions when the Law deems it has to be.
The Law deems this to be on every occasion there is a new tenancy, such as a re-let (obviously) or a renewal or of course a periodic. How does the fact the deposit was never protected change any of that, they are all, as in this article here, individual "protecable incidents".
Looks like straw grasping to me Mark and that you are arguing that having broken the Law means it should be ignored somehow, but maybe I am still missing the point. Or perhaps you and others disagree because it impacts on you personally or could do, whereas it has no impact on me at all other than a duty to advise clients correctly.
I would have thought the advent of the Localism Act 2011, plus the decisions in Superstrike, Hohnson, Suurpere and Ayannuga that all (I think) post date it would have made all Landlords and agents realise the importance of the deposit, the PI and doing it right all the time - even if inconvenient and you all think the Law is an ass.
Mark Alexander - Founder of Property118
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Sign Up9:38 AM, 19th March 2014, About 11 years ago
Reply to the comment left by "Industry Observer " at "19/03/2014 - 09:12":
I stand by my previous comment to which you are replying.
.
Michael Barnes
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Sign Up22:14 PM, 19th March 2014, About 11 years ago
Reply to the comment left by "Industry Observer " at "19/03/2014 - 09:12":
I agree with Mark that there is ambiguity.
Given that the superstrike judgement was that the deposit was deemed to have been received when the tenancy went periodic, it is possible that the court may (or may not) take the view that for tenancies going periodic since deposit protection legislation came into force and for which the deposit was correctly protected and the prescribed information properly served for the fixed term tenancy
a) the deposit is deemed to be protected, and
b) the prescribed information is deemed to have been served
Romain Garcin
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Sign Up22:43 PM, 19th March 2014, About 11 years ago
Reply to the comment left by "MdeB " at "19/03/2014 - 22:14":
A deposit cannot be deemed to be protected. Either it is or it is not, and this is for the scheme to decide: In statute, deposit protection means complying with the scheme's requirements.
The statute says that "when a deposit is received in relation with an AST" (Superstrike clarified what that meant) the landlord must within 30 days:
- comply with the scheme's initial requirements,
- provide the PI to the tenant.
Thus regarding re-serving the PI, IMHO the only uncertainty is what a court would decide if none of them have changed.
Michael Barnes
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Sign Up9:00 AM, 20th March 2014, About 11 years ago
Reply to the comment left by "Romain " at "19/03/2014 - 22:43":
Thanks for that clarification on protection.
I was thinking back to the discussions that were going on when superstrike judgement was passed and whether or not we needed to go through a new protection process, and had not recalled that it is 'comply with scheme's initial conditions' and that the schemes have since clarified this for roll-over to periodic.
Industry Observer
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Sign Up9:04 AM, 20th March 2014, About 11 years ago
I agree with Romain except that it is the other way round and Statute decides and Schemes have to operate, including their rules, so members comply wuith the Statute.
Where everyone makes the mistake, and where there may indeed be clarification(?) and changes, is in deciding that the "nanno second" doesn't actually exsit and that the deposit is continuously protected and thus the PI already served does not need to be repeated.
I do not expect this to happen.
For those not familiar with this nanno second concept, or the "protectable incident" as I call it, this is the split second in time between tenancies when by definition the protection ends and then starts again. So this happens on a renewal or a periodic if one tenancy ends then there is a spilt second (or less) in time before the new one starts.
That new one triggers a protecable incident, you have to re-protect and re-serve.
I agree that the position for those whose tenancy went periodic after 6.4.07 is very difficult as unless familiar with s5 of the 88 Act and its obvious declaration that a periodic is a new tenancy (as confirmed in Superstrike) then you would have taken no action.
Renewals are different and there were plenty of dstatements to the effect that a renewal is a new tenancy, even if on identical terms, same parties etc.
Is anyone out there actually aware of firm evidence than an appeal is going to the Supreme Court on either Johnson v Old (rent in advance) or Superstrike (TDP reneal) or even Spencer v Taylor (to clarify if it is any old 2 months on a s21 served in the periodic state to terminate same).
I mean HARD evidence - not conjecture, wishful thinking, what you heard from a mate down the pub. There is constant reference to situations being reviewed legally - but actually are any of them?