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.
The Man From Nowhere
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Sign Up2:26 AM, 28th November 2013, About 11 years ago
Reply to the comment left by "Seething Landlord" at "28/11/2013 - 01:42":
As regards section 8 of the Administration of Justice Act 1973 Act, it applies only if two conditions are satisfied, namely:
(i) if the mortgagor is entitled or permitted ( whether by the mortgage itself or by some agreement between the parties) either (a) to pay the principal amount by instalments or (b) to defer payment of principal in whole or part, and
(ii)there is provision made for earlier payment on the happening of certain events
According to the Court of Appeal in Ropaigealach v Barclays Bank plc, it is not necessary for a lender who wishes to take possession of the mortgaged property to seek a court order. A lender will in fact rarely seek possession in the absence of any default on the borrower's part. Possession is almost invariably sought these days as an adjunct to the lender’s power of sale, exercisable under the Law of Property Act 1925, normally only on default. Most lenders would not want possession for themselves, since the appointment of a receiver is preferable and does not attract the same burden of accountability to the borrower (Law of Property Act 1925, s. 109(2)). Nor does it seem necessary in most situations that the lender should need possession before default has occurred.
Where the lender does seek possession it is nearly always through a court order. The court then has various options available to it. These include implying a term that the lender will not seek possession until there is default, utilizing the principle in Quennell v Maltby, discussed earlier, and using the statutory discretion afforded by the Administration of Justice Act 1970. However, apart from the lender's strict duty to account to the borrower for rents and profits both actually received and which ought reasonably to have been received, there is little legal deterrence to a lender taking possession without a court order. What deterrence there is lies in the criminal law in the form of the Criminal Law Act 1977, s. 6, under which it is in general an offence for a person to use or threaten to use violence in order to gain entry to premises in which it is known that there is someone present who is opposed to entry. Assuming that the borrower is prepared to go quietly, it is unlikely that this provision will cause any problem to any secured lender wishing to gain vacant possession without seeking a court order. In circumstances where the borrower is unwilling to go quietly, the borrower becomes a trespasser. A lender entitled to possession may peacefully evict a trespasser without a court order, but it is likely to be rare that the lender would wish to test the limits of peaceable entry. So, in practice it is probable that only in those cases where the borrower delivers the keys to the lender or otherwise makes no protest that the lender will be prepared to take possession without the safeguard of a court order.
The long and short of it folks is basically that yes, following Ropaigealach v Barclays Bank plc, the West Brom can technically take possession without a court order, but it is unlikely that it would seek to do so. I am sincerely of the opinion that it is little more than scaremongering by the West Brom to weed out the weak and feeble. It is a bluff to deter those who are not aware of the law or their rights under the law from taking any legal action to ensure that the interest rates on the BTL trackers they took are are not unjustly raised.
Mark Alexander - Founder of Property118
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Sign Up8:04 AM, 28th November 2013, About 11 years ago
Financial Advisers "at risk" if Class Action Against West Brom Fails
I have sent an email today to the Editors of FT Adviser and CherryFind - see below
"This afternoon we will have a professional negligence barrister posting on the Property118 West Brom forum.
He will say that in the unlikely event of the borrowers Class Action litigation against West Brom failing and the Courts upholding the terms being relied upon by West Brom to increase tracker rate margins that professional advisers should have been aware of this risk and pointed it out to their clients. This would give rise to a claim against mortgage advisers and solicitors for professional negligence which the barrister would take on a “no win no fee” basis. This is our Plan B.
We have made it very clear that our argument is with West Brom and that we need the support of mortgage advisers and solicitors to make affected borrowers aware of the Class Action group. It is in their interests to do so because the more people who join the Class Action the greater our chances of influencing the powers at Westminster and the FCA to get involved based on the principles of Treating Customers Fairly. Only a win against West Brom can truly protect professional advisers.
We hope you will do all in your power to ensure that professional advisers understand the importance of this issue to their own businesses."
.
Norfolk n'Chance
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Sign Up8:18 AM, 28th November 2013, About 11 years ago
Reply to the comment left by "Richard Adams" at "27/11/2013 - 23:26":
Don't under estimate the cost factor.
Its less than 4 weeks to Xmas. There's an economic downturn. Many people are experiencing hard times, landlords included. In a few days we will all be paying the increased rates. Many will not want to add to their financial burden at this time of the year.
If you are one of those that is not feeling the pinch, can spare the money, is doing nicely in the current crisis then its easy think that everyone is in the same boat. Clearly thats not the case and irrespective of any positive spin or well worded argument made here its quite unlikely they will choose to pay.
Mark Alexander - Founder of Property118
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Sign Up8:23 AM, 28th November 2013, About 11 years ago
Reply to the comment left by "Mervyn Wharton" at "28/11/2013 - 08:18":
Hi Mervyn
You didn't comment of my responses to your dilemma over whether to join the Class Action on the basis of part or all of your portfolio or the opportunities associated with including the properties you are looking to sell.
Your feedback on the points I raised would be very much appreciated.
Are you in and if so on what basis?
.
Addicted to fighting the WBBS
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Sign Up8:59 AM, 28th November 2013, About 11 years ago
Reply to the comment left by "Mark Alexander" at "27/11/2013 - 16:44":
Thanks Mark.
Nicole has just responded to confirm she is going to look into further the TCF issue with regards to confirmation only 41% of customers have been affected AND also seek comment from Mortgage Force as to whether their customers have or have not been affected.
I also send the FCA letter (20th Nov) and in your words, gave it on a plate as to the clear breach of TCF rules by the West Brom in this regard.
Thanks
Addicted to fighting the WBBS
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Sign Up9:18 AM, 28th November 2013, About 11 years ago
Reply to the comment left by "Addicted to fighting the WBBS" at "28/11/2013 - 08:59":
Hello - someone mentioned a week ago they were compiling one list of media contacts to update our news and findings.
Whoever said they were going to do this (cannot remember), are they able to PR the TCF breaches and FCA letter and Mortgage Force allegation to ?
I can email someone the email & attachments I sent to Nicole Blackmore @ The Telegraph.
Mark Alexander - Founder of Property118
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Sign Up9:28 AM, 28th November 2013, About 11 years ago
Reply to the comment left by "Addicted to fighting the WBBS" at "28/11/2013 - 09:18":
Hi Stuart
That was Annette Stone. She has contacted me to let me know that her doctor has advised her to stay away from the Computer for a few weeks as she's been having acute migraines. I have, therefore, been asking individual members to follow up on the suggestions they have been emailing to me. Obviously I am helping out wherever possible in terms of providing contacts etc. but there are only so many hours in the day.
.
Norfolk n'Chance
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Sign Up9:45 AM, 28th November 2013, About 11 years ago
Reply to the comment left by "Mark Alexander" at "28/11/2013 - 08:23":
I'll respond by email as I don't want to discuss personal details on an open forum.
Mark Alexander - Founder of Property118
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Sign Up10:05 AM, 28th November 2013, About 11 years ago
COMMENT NOTIFICATION LINKS NOW WORKING AGAIN
We think the problem occurred around lunchtime yesterday. Therefore, if you would like to catch up please follow this link to comments posted at 1:30pm yesterday onwards >>> http://www.property118.com/west-bromwich-building-society-mortgage-company-increase-tracker-margins-legal-action/43657/comment-page-197/#comments
Links in notification emails sent out from this point should now be fine. Sadly there is nothing we can do about those sent which did not work properly.
.
Ed Atkinson
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Sign Up10:20 AM, 28th November 2013, About 11 years ago
I took the NLA’s Nov/Dec “UK Landlord” to bed with me last night. Not a good idea. However, I did eventually find the mention of WB buried inside the article on page 55 titled “Sharp increase in BTL lending”. It reads
One dark cloud on the horizon
has come from the West Bromwich
Building Society which has told
6700 of its BTL tracker customers
that their rates will increase by 2%
on 1 December. The NLA advises
its members who are affected by
the West Bromwich developments
to check the small print in the
terms and conditions, contact the
lender to discuss their options, and
consider if it is possible to switch
to another product and/or lender.
The NLA’s Policy Team worked
closely with NLA members affected
by the Bank of Ireland's decision
earlier this year to increase the
differential used to calculate
interest repayments for its tracker
mortgages. Head of NLA Policy,
Chris Morris, explains that as buy-
to-let mortgages are not regulated
by the Financial Services Authority
it is unlikely that the Financial
Ombudsman Service can examine
any complaints. However, if you are
an NLA member who is affected
by the West Bromwich changes
and you are prepared to share the
details of your mortgage terms,
please email policy@landlords.org.
uk or fax details to 0871 247 7535.
This is disappointing, as expected. They seem to have achieved nothing for the BoI customers, otherwise they would be trumpeting the achievement.
I am not a WB customer, just a supporter. Does an NLA member and affected WB customer fancy sending in their details and report back to us?
Meanwhile I will email the NLA again.