Policy version: 07.04.2022
https://emmasestateagents.co.uk/ (our website) is provided by Emma’s Estate Agents Ltd. trading as Emma’s Estate Agents (‘we’, ‘our’ or ‘us’). We are the controller of personal data obtained via our website, meaning we are the organisation legally responsible for deciding how and for what purposes it is used.
We collect, use and are responsible for certain personal data about you. When we do so we are subject to the UK General Data Protection Regulation (UK GDPR).
Given the nature of our website, we do not expect to collect the personal data of anyone under 13 years old. If you are aware that any personal data of anyone under 13 years old has been shared with our website, please let us know so that we can delete that data.
- What this policy applies to
- Personal data we collect about you
- How your personal data is collected
- How and why we use your personal data
- Who we share your personal data with
- How long your personal data will be kept
- Transferring your personal data out of the UK
- Your rights
- Keeping your personal data secure
- How to complain
- How to contact us
Throughout our website we may link to other websites owned and operated by certain trusted third parties. Those third-party websites may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to those third-party websites, please consult their privacy policies as appropriate.
The personal data we collect about you depends on the particular activities carried out through our website. We may collect and use the following personal data about you:
- your name, address, and contact information, including email address and telephone number and company details;
- any property addresses that you own that are not your residential address for the purpose of undertaking your instructions;
- information to check and verify your identity, e.g., date of birth;
- location data;
- your billing information, transaction and payment card or other payment method information;
- bank account and payment details;
- details of any information, feedback, or other matters you give to us by phone, email, post or via social media;
- information about the services we provide to you;
- your contact and purchase history;
- information about how you use our website and technology systems;
If you do not provide personal data we ask for where it is indicated to be ‘required’ at the point of collection, it may delay or prevent us from providing services to you.
We collect and use this personal data for the purposes described in the section ‘How and why we use your personal data’ below.
We collect personal data from you:
- directly, when you enter or send us information, such as when you contact us (including via email), send us feedback, purchase products or services via our website, post material to our website and complete customer surveys or participate in competitions via our website, and
- indirectly, such as your browsing activity while on our website; we will usually collect information indirectly using the technologies explain in the section on ‘Cookies’ below
Under data protection law, we can only use your personal data if we have a proper reason, e.g.:
- where you have given consent;
- to comply with our legal and regulatory obligations;
- for the performance of a contract with you or to take steps at your request before entering into a contract; or
- for our legitimate interests or those of a third party.
A legitimate interest is when we have a business or commercial reason to use your personal data, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You can obtain details of this assessment by contacting us (see ‘How to contact us’ below).
The table below explains what we use your personal data for and why.
|What we use your personal data for||Our reasons|
|Providing services to you||To perform our contract with you or to take steps at your request before entering into a contract|
|Conducting checks to identify you and verify your identity or to help prevent and detect fraud against you or us||To comply with our legal and regulatory obligations and / or for our legitimate interests, i.e., to minimise fraud that could be damaging for you and/or us|
|To enforce legal rights or defend or undertake legal proceedings||Depending on the circumstances: —to comply with our legal and regulatory obligations —in other cases, for our legitimate interests, i.e., to protect our business, interests, and rights|
|Customise our website and its content to your particular preferences based on a record of your selected preferences or on your use of our website||Depending on the circumstances: —your consent as gathered e.g., by the separate cookies tool on our website—see ‘Cookies’ below —where we are not required to obtain your consent and do not do so, for our legitimate interests, i.e., to be as efficient as we can so we can deliver the best service to you at the best price If you have provided such a consent, you may withdraw it at any time by changing your cookies setting or taking any relevant action as explained in our Cookies policy (this will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn)|
|Retaining and evaluating information on your recent visits to our website and how you move around different sections of our website for analytics purposes to understand how people use our website so that we can make it more intuitive or to check our website is working as intended||Depending on the circumstances: —your consent as gathered e.g., by the separate cookies tool on our website—see ‘Cookies’ below —where we are not required to obtain your consent and do not do so, for our legitimate interests, i.e., to be as efficient as we can so we can deliver the best service to you at the best price If you have provided such a consent, you may withdraw it at any time by changing your cookies setting or taking any relevant action as explained in our Cookies policy (this will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn)|
|Communications with you not related to marketing, including about changes to our terms or policies or changes to the services or other important notices||Depending on the circumstances: —to comply with our legal and regulatory obligations —in other cases, for our legitimate interests, i.e., to be as efficient as we can so we can deliver the best service to you at the best price|
|Protecting the security of systems and data used to provide the services||To comply with our legal and regulatory obligations We may also use your personal data to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests, i.e., to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us|
|Statistical analysis to help us understand our customer base||For our legitimate interests, i.e., to be as efficient as we can so we can deliver the best service to you at the best price|
|Updating and enhancing customer records||Depending on the circumstances: —to perform our contract with you or to take steps at your request before entering into a contract —to comply with our legal and regulatory obligations —where neither of the above apply, for our legitimate interests, e.g., making sure that we can keep in touch with our customers about existing orders and new products|
|Disclosures and other activities necessary to comply with legal and regulatory obligations that apply to our business, e.g., to record and demonstrate evidence of your consents where relevant||To comply with our legal and regulatory obligations|
|Marketing our services to existing and former customers||For our legitimate interests, i.e., to promote our business to existing and former customers See ‘Marketing’ below for further information|
|To share your personal data with members of our group and third parties that will or may take control or ownership of some or all of our business (and professional advisors acting on our or their behalf) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency In such cases information will be anonymised where possible and only shared where necessary||Depending on the circumstances: —to comply with our legal and regulatory obligations —in other cases, for our legitimate interests, i.e., to protect, realise or grow the value in our business and assets|
How and why we use your personal data—sharing
See ‘Who we share your personal data with’ for further information on the steps we will take to protect your personal data where we need to share it with others.
We do not use your personal data to send you updates (by email, text message, telephone, or post) about our services, including exclusive offers, promotions, or new services. If this changes, we will be sure to update this policy accordingly.
We routinely share personal data with:
- third parties we use to help deliver our services to you, e.g., payment service providers;
- other third parties we use to help us run our business, e.g., marketing agencies or website hosts and website analytics providers; or
- our bank.
We or the third parties mentioned above occasionally also share personal data with:
- our external auditors, e.g., in relation to the audit of ouraccounts, in which case the recipient of the information will be bound by confidentiality obligations
- our and their professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations
- law enforcement agencies, courts, tribunals, and regulatory bodies to comply with our legal and regulatory obligations
- other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised, but this may not always be possible. The recipient of any of your personal data will be bound by confidentiality obligations
Who we share your personal data with—further information
If you would like more information about who we share our data with and why, please contact us (see ‘How to contact us’ below).
We will not keep your personal data for longer than we need it for the purpose for which it is used. Different retention periods apply for different types of personal data, and we can provide this information to you should you wish, and for that please do not hesitate to contact us.
Other countries outside the UK have differing data protection laws, some of which may provide lower levels of protection of privacy.
We do not expect it to be necessary for us to transfer your personal data to countries outside the UK. However, if so then in those cases we will comply with applicable UK laws designed to ensure the privacy of your personal data and then the remainder of this section will apply.
We will transfer your personal data to our service providers located outside the UK, this will be where absolutely necessary, usually only basic personal information such as name, address, and contact details, for the purposes of the flights being arranged.
Under data protection laws, we can only transfer your personal data to a country outside the UK where:
- the UK government has decided the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR. A list of countries the UK currently has adequacy regulations in relation to is available here;
- there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you; or
- a specific exception applies under relevant data protection law.
Where we transfer your personal data outside the UK, we do so on the basis of an adequacy regulation or (where this is not available) legally-approved standard data protection clauses recognised or issued further to Article 46(2) of the UK GDPR. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time we will not transfer your personal data outside the UK unless we can do so on the basis of an alternative mechanism or exception provided by UK data protection law and reflected in an update to this policy.
Transferring your personal data out of the UK—further information
If you would like further information about data transferred outside the UK, please contact us (see ‘How to contact us’ below).
For further information on cookies, when we will request your consent before placing them and how to disable them, please see our Cookies Policy.
You generally have the following rights, which you can usually exercise free of charge:
|Access to a copy of your personal data||The right to be provided with a copy of your personal data|
|Correction (also known as rectification)||The right to require us to correct any mistakes in your personal data|
|Erasure (also known as the right to be forgotten)||The right to require us to delete your personal data—in certain situations|
|Restriction of use||The right to require us to restrict use of your personal data in certain circumstances, e.g., if you contest the accuracy of the data|
|Data portability||The right to receive the personal data you provided to us, in a structured, commonly used, and machine-readable format and/or transmit that data to a third party—in certain situations|
|To object to use||The right to object: —at any time to your personal data being used for direct marketing (including profiling) —in certain other situations to our continued use of your personal data, e.g., where we use your personal data for our legitimate interests unless there are compelling legitimate grounds for the processing to continue or the processing is required for the establishment, exercise, or defence of legal claims|
|Not to be subject to decisions without human involvement||The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you We do not make any such decisions based on data collected by our website|
|The right to withdraw consents||If you have provided us with a consent to use your personal data, you have a right to withdraw that consent easily at any time You may withdraw consents by confirming the same to us in writing Withdrawing a consent will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn|
For further information on each of those rights, including the circumstances in which they do and do not apply, please contact us (see ‘How to contact us’ below). You may also find it helpful to refer to the guidance from the UK’s Information Commissioner on your rights under the UK GDPR.
If you would like to exercise any of those rights, please email, call, or write to us—see below: ‘How to contact us’. When contacting us please:
- provide enough information to identify yourself (e.g., your full name, address and customer or other relevant reference number) and any additional identity information we may reasonably request from you; and
- let us know which right(s) you want to exercise and the information to which your request relates.
We have appropriate security measures to prevent personal data from being accidentally lost or used or accessed unlawfully. We limit access to your personal data to those who have a genuine need to access it.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Please contact us if you have any queries or concerns about our use of your personal data (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.
You also have the right to lodge a complaint with the Information Commissioner. The UK’s Information Commissioner may be contacted using the details at https://ico.org.uk/make-a-complaint or by telephone: 0303 123 1113.
Our contact details are: