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Privacy Policy

Woolley & Wallis are committed to ensuring that your privacy is protected and respected and our use of your personal information is governed by this Privacy Notice. Whenever you provide such information, we are legally obliged to use your information in line with all applicable laws concerning the protection of personal data; including the Data Protection Act 1998 (DPA) and The General Data Protection Regulation 2016 (GDPR) together, and with other subsequent laws “Data Protection Laws”.

On this site, “Woolley & Wallis”, “our” and “we” each mean Woolley & Wallis Chartered Surveyors (including Woolley & Wallis and Woolley & Wallis Finance Ltd which collect and use your information in the manner set out in this Privacy Notice. Any reference to “you” or “your” refers to anyone whose personal information we process.

Introduction

Who we are and how to contact us.

Our use of your personal data will be governed by this Privacy Notice.

Woolley & Wallis partnership, whose business contact details are provided below, is the data controller for the personal information that we collect and you provide about you. We will treat your personal information as confidential and in accordance with applicable data protection legislation and your personal information will only be shared with others in accordance with this Privacy Notice. If you want to request more information about our privacy policy or information regarding data protection you should contact us using the details provided below:

Privacy Officer, Woolley & Wallis Chartered Surveyors

51-61 Castle Street, Salisbury, Wiltshire, SP1 3SU.

email: info@w-w.co.uk

Telephone 01722 424539

About Woolley & Wallis

Woolley & Wallis are Chartered Surveyors, Estate Agents & Auctioneers with offices in Romsey, Ringwood, Fordingbridge, Salisbury, Lymington, Marlborough and Shaftesbury. We cover areas including Hampshire, New Forest, Isle of Wight, Dorset, Gloucestershire, Somerset and Wiltshire. The Firm does not trade and has no interest outside the UK, except where a client, purchaser or vendor, or landlord, is resident overseas.

The firm is committed to ensuring that your data is used for the correct purposes, is kept safe and that the principles of GDPR are adhered to.

1. Your Rights

Under the Data Protection Laws your rights are:

a. To be informed – We must make available this privacy notice with the emphasis on transparency over how we process your data.

b. Access – You are entitled to find out what details we may hold about you and why.

c. Rectification – We are obliged to correct or update your details.

d. Erasure – This is also known as the right to be forgotten.

e. Restrict processing – You have the right to ‘block’ or suppress the processing by us of your personal data.

f. Data portability – You have the right to obtain and reuse your personal data that you have provided to us.

g. Object – You have the right to object to us processing your data in relation to direct marketing and or profiling.

h. Rights in relation to automated decision making and profiling – We do not use automatic decision making or processing.

2. What is personal information

Personal information is any information that tells us something about you. This could include information such as name, contact details, date of birth, bank account details or any information about your needs or circumstances which would allow us to identify you.

Some personal information is classified as "special" data under data protection legislation. This includes information relating to health, racial or ethnic origin, religious beliefs or political opinions and sexual orientation. This information is more sensitive and we need to have further justifications for collecting, storing and using this type of personal information. There are also additional restrictions on the circumstances in which we are permitted to collect and use criminal conviction data.

Any references to personal information in this privacy notice will include personal data, and where relevant, special categories of personal data.

3. What personal information do we collect?

We will collect your full name and contact details (such as phone number, email address and postal address) from you whenever you engage with us.

In addition, if we are providing a service to you, or on your behalf, where we are required to do so by law, we will collect information relating to your identity, which will be at least one form of photographic identification (such as a passport, a driving licence or an identification card) and one form of documentation with proof of your place of residence (such as a recent utility bill).

We will also confirm whether you have any relatives or close connections working at Woolley & Wallis so that we can consider potential conflict of interests and if identified how to manage these, in accordance with our statutory and regulatory obligations.

Depending on the service that we provide to you (or on your behalf) we may also collect additional personal information as detailed below;

Information that we may collect from you:

As Chartered Surveyors, Estate Agents, Lettings Agents and Auctioneers we may collect personal information from a range of subjects including, but not limited to:

Property vendors and landlords – prospective, current and past

Property purchasers and tenants – potential, current and past

Owners and occupiers of property managed by us

Users of our professional services – potential, current and past

People who we believe may be interested in our services, or who have expressed an interest in receiving our marketing material, or attending events organised or attended by us.

In respect of each subject class above, we may gather and hold the following personal information:

Personal information such as names, addresses, phone numbers, email addresses.

Preferences with regards to property to buy or to let, or other areas of property related interest

Financial and other personal information required for the purposes of effecting a sale, purchase or tenancy, or completing a professional task such as a Basic Payment Scheme application or valuation

Some electronic data such as your IP address (your computer’s internet identity) and other details of visits to our website w-w.co.uk. This data is not used by us, or any third party, to identify an individual

We do not specifically process special category data such as nationality, sexuality, belief etc, nor do we collect more than very limited personal data about children. Should we do so, we will ensure that extra safeguards are in place.

We may collect or hold data from the following sources:

our Website, if you complete a form registering your interest in receiving further information

property portals to which we subscribe such as Rightmove and On The Market, where you have completed a request for further information

registration of your interest in our services in person, in writing, by email or on the phone

gathered in the natural course of a transaction or ongoing professional service, where that data is relevant to performance of the contract, or legally required

from our current databases of past and present clients, potential clients and applicants

from official 3rd party sources, such as Land Registry, where we have identified that we may be able to offer a specific service to you

Buy, Sell, Let, Rent

If you are selling or letting a property through us;

• We will collect a contact telephone number to get in touch with you about organising viewings and updating you on any offers received or rental applications for your property.

• Where you are not the legal owner of the property we will request details from you as to your ability to sell or let the property such as a Power of Attorney, Guardianship Order or Grant of Probate.

• We will collect your bank account details to arrange onward payment of rent due to you

If you wish to rent a property we are listing;

• Specific access requirements so that we can find a property that is suitable for your needs

• Your bank / building / similar account details to allow us to manage an approved tenancy deposit account for you and to set up your rental payments.

• If you are a tenant renting under the 'Right to Rent' scheme we will collect details of your Biometric residence card, your immigration status document and/or your birth certificate to carry out our required checks under this scheme

If you wish to purchase a property we are listing for sale where you have specifically provided us with these, we will collect personal information relating to any specific access requirements you may have in relation to a property so that we can find a property that is suitable for your needs. We will also collect personal information required to source a property for you and, where required, negotiate the purchase of a property on your behalf.

Property Management

Where we engage with you to manage property on your behalf we will ask for additional emergency contact information in case we need to get in touch with you outside of working hours or in the event there is a matter requiring your urgent attention.

Other

If you subscribe to receive research, news or other market updates from us, then in addition to the above we may collect details about the sector in which you work and the type of content that you would like to receive.

4. How we use your personal information

Under data protection legislation we are only permitted to use your personal information if we have a legal basis for doing so. We rely on the following legal bases to use your information;

For employment-related purposes

Where we need information to perform the contract we have entered into with you. Whether a sale or purchase, tenancy, professional service or management – for the instigation and duration of that contract. We may hold all or part of that information for an indefinite period thereafter unless you ask us to desist

Where we need to comply with a legal obligation

Where the processing is necessary for us to carry out activities for which it is in Woolley & Wallis' legitimate interests (or those of a third party) to do so and provided that your interests and fundamental rights do not override those interests, including:

The legitimate interests of ourselves and others in providing information to referencing companies, future landlords, debt collection agencies, insurers and the like, for 7 years after the expiry of the original purpose.

Processing that is necessary for us to promote our business, brands and products and measure the reach and effectiveness of our campaigns. – this will include sending you marketing information from time to time after you have engaged with us about our services that we consider may be of interest to you, or that we believe may assist you in your move or professional requirements. Or we have assessed that we have a legitimate interest in providing you with related information that we believe may be of interest or helpful to you in relation to your request. You have the right to opt out of receiving this information at any time.

We have assessed that this is a legitimate interest for the purposes of demonstrating the full breadth and quality of our services to our clients and potential clients. We do not believe that this offering is detrimental to the rights of those data subjects and, on balance, consider that it is less intrusive than obtaining specific consent to send marketing material. We will not supply this data to third parties, except solely to effect delivery of the material, and will unsubscribe subjects immediately on request.

Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively – this will include: verifying the accuracy of information that we hold about you and create a better understanding of you as a customer; processing for administrative efficiency purposes such as where we outsource certain administrative functions to third parties who are specialise in such services; processing for network and information security purposes i.e. in order for us to take steps to protect your information against loss, damage, theft or unauthorised access or to comply with a request from you in connection with the exercise of any of your rights outlined below.

In more limited circumstances we may also rely on the following legal bases:

Where we need to protect your interests (or someone else's interests); and/or

Where it is needed in the public interest or for official purposes

We may process special categories of personal information and criminal conviction information in the following limited circumstances:

With your explicit consent, in which case we will explain the purpose for which the information will be used at the point where we ask for your consent.

How we use your personal information

For specific information on how your personal information will be used for the services you have requested from us, please select from any of the options below;

Buy, Sell, Let, Rent

• We use your personal information for the purposes of fulfilling our obligations to you to let or sell your property or, if you are a buyer or tenant, for the purposes of arranging a contract for sale or a lease for you.

• If you are purchasing a property we are acting as agents for the sale of or selling a property through us we will share your personal information with your appointed solicitors and the solicitors acting for the other side of the deal as is necessary to facilitate the sale or purchase.

• If you are renting a property we are acting as letting agents of, we will share your personal data with third party referencing agencies for the purposes of the prevention and detection of crime, fraud and/or money laundering and checking your suitability to rent that property.

Property Management

• Where we are managing property on your behalf we may need to pass your personal information from time to time on to third party contractors whom we have engaged to carry out maintenance on your properties.

Professional Services

We use your personal information to provide you with information, products or services that you request from us or which we feel may interest you (where you have consented to be contacted for such purposes or by Legitimate Interest);

Carry out our obligations arising from any contracts entered into between you and us;

Allow you to participate in interactive features of our service when you choose to do so, e.g. asking a question through our website.

Finance

We may pass your personal data to Woolley & Wallis Finance, an independent company with which Woolley & Wallis has a “preferred supplier” relationship, on a referral basis in relation to the arrangement of financing to allow you to acquire a property and/or the provision of the following services:

• if you are purchasing a property under the Help to Buy scheme we will disclose information which needs to be provided to the scheme operators to check your eligibility and to allow you to participate in and obtain benefits from the scheme;

Other uses of your personal information

• We will share personal information with our regulators, governmental or quasi-governmental organisations, law enforcement authorities and with courts, tribunals and arbitrators as may be required from time to time in order to comply with our regulatory and legal obligations;

• Where we use third party services providers who process personal information on our behalf in order to provide services to us. This includes IT systems providers and IT contractors as well as third party referencing or screening agencies for the purposes of the prevention and detection of crime.

• We may share your personal information with any person working within Woolley & Wallis on a need to know basis to ensure we are able to perform our obligations to you.

• We will hold your personal information on our client management systems and use this to provide you with marketing information about similar services offered by Woolley & Wallis to those which you have engaged us to provide which we feel you might find useful from time to time. You have the opportunity to opt out of receiving this information at any time.

What happens if you do not provide information that we request?

We need some of your personal information to perform the services you have requested from us. For example:

• where we are selling a property on your behalf we need to know your contact information so that we can update you with information on viewings, offers and the progress of the sale;

• where you have asked us to find you a property which meets certain access requirements, we may need to know some further details about your particular circumstances so that we can find you a suitable property;

We also need some information so that we can comply with our legal obligations. For example, we may need identity documents from you to meet our obligations to prevent fraud and money laundering.

If you do not provide the information required for these purposes, we will not be able to perform our contract with you and may not be able to provide services to you or continue to provide certain services to you. We will explain when this is the case at the point where we collect information from you.

Sharing Your Personal Data

We may share your data with third parties, either directly or in passing, for the following purposes:

a. To help us in the fulfilment of a contract or service to you, including our current providers of the following services:

• EPC and brochure production

• Referencing

• Sign board erection

• Utility switching

• Money-laundering checking

• Inventories

• Property repairs and safety checks

• Lawyers, conveyancers and professional advisors

• The other party to a contract, or the lender, in the case of a survey or valuation

b. To assist us in the running of our own business, including our current providers of the following services:

• Estate agency and property management software, including applications to look up postcodes, sign documents etc.

• Accounts and payment processing software

• Auction software

• Website and IT services

c. With your permission, to a financial services provider

d. As required to authorities or regulators, including:

• HMRC and FCA

• RICS, ARLA, NAEA

• Ombudsmen

• Enforcement agencies

e. For the delivery of our own marketing material via printing or delivery businesses

f. After assessment, to meet the legitimate interests of others in referencing, debt-collection, managing insurance claims and the like.

We do not sell or provide data to third parties.

Our Website

Specific personal data, such as your IP address, is collected on our Website, and we may also transfer pieces of information known as Cookies to your computer or device. You may access other websites from our website. All of these matters, and other terms specific to the Website, are covered in our Website Terms of Use, available on the Website, or on request.

5. How we keep your information secure

The security of information is very important to us and we have measures in place which are designed to prevent unauthorised access to your personal information including but not limited to:

• Our client files are stored on our secure client management systems. Access is restricted on our client systems to those within the business who are required to have access to your information for legitimate business purposes.

• Hard copy documentation is stored in locked offices.

All data is held in our systems, some if which are hosted in datacentres, which have systems and protections in place to protect against both unauthorised access, and other external factors that could cause damage to your personal data. There are strict access requirements in place and access is restricted to those absolutely necessary.

We believe that we do not currently conduct any processing outside the European Economic Area (the EEA) but, should we be aware that your data is to be transferred outside the EEA, we will require that appropriate safeguards are in place.

We ensure access to personal information is restricted to Woolley & Wallis employees and workers or other persons working within the Woolley & Wallis Group on a need to know basis. Training is provided to any of those Woolley & Wallis employees and workers who need access to personal information.

6. For how long do we keep your personal information

The period for which we will keep your personal information will depend on the type of service you have requested from us. The retention period may be longer than the period for which we are providing services to you where we have statutory or regulatory obligations to retain personal information for a longer period, or where we may need to retain the information in case of a legal claim.

7. Overseas transfers of your personal information

We do not believe that we currently conduct any processing outside the European Economic Area (the EEA) but, should we be aware that your data is to be transferred outside the EEA, we will require that appropriate safeguards are in place. It is however possible that some email is routed outside of the EEA.

8. Your rights in relation to your personal information

• You have a number of rights in relation to your personal information, these include the right to:

• Be informed about how we use your personal information

• Obtain access to your personal information that we hold

• Request that your personal information is corrected if you believe it is incorrect, incomplete or inaccurate

• Request that we erase your personal information in the following circumstances:

o If Woolley & Wallis is continuing to process personal information beyond the period when it is necessary to do so for the purpose for which it was originally collected

o If Woolley & Wallis is relying on consent as the legal basis for processing and you withdraw consent

o If Woolley & Wallis is relying on legitimate interests as the legal basis for processing and you object to this processing and there is no overriding compelling ground which enables us continue with the processing

o If the personal information has been processed unlawfully (i.e. in breach of the requirements of the data protection legislation)

o If it is necessary to delete the personal information to comply with a legal obligation

• Ask us to restrict our data processing activities where you consider that:

o personal information is inaccurate

o our processing of your personal information is unlawful

o where we no longer need the personal information but you require us to keep it to enable you to establish, exercise or defend a legal claim

o where you have raised an objection to our use of your personal information

• Request a copy of certain personal information that you have provided to us in a commonly used electronic format. This right relates to personal information that you have provided to us that we need in order to perform our agreement with you and personal information where we are relying on consent to process your personal information

• Object to our processing of your personal information where we are relying on legitimate interests or exercise of a public interest task to make the processing lawful. If you raise an objection we will carry out an assessment to determine whether we have an overriding legitimate ground which entitles us to continue to process your personal information; and

• Not be subject to wholly automated decisions which produce legal effects or which could have a similarly significant effect on you.

If you would like to exercise any of your rights please contact a.donald@w-w.co.uk.

9. Complaints and Contact Details

Complaints

If you have any complaints about the way we use your personal information please contact the Customer Relations Officer at a.donald@w-w.co.uk who will try to resolve the issue. If we cannot resolve any issue, you have the right to complain to the data protection authority in your country (the Information Commissioner in the UK). If you need more information about how to contact your local data protection authority please let us know by contacting a.donald@w-w.co.uk.

Contact details

If you have any questions, comments or requests regarding any aspect of this Privacy Policy, please do not hesitate to contact us by sending an email to a.donald@w-w.co.uk or writing to Andrew Donald, Woolley & Wallis, 51-61 Castle Street, Salisbury, Wiltshire, SP1 3SU.

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