Customer Privacy Notice
Xact Homes Limited (The Company), a provider of Residential Estate Agency services.
Why are we asking you to read this document?
During the course of dealing with us we will ask you to provide us with personal information relating to your existing circumstances including your financial situation (Your Information) for the purposes of progressing your property acquisition or disposal interest through to satisfactory conclusion and beyond where appropriate. We would like to explain to you what we will need to do with Your Information, and the various rights you have in relation to Your Information.
What do we mean by “Your Information”?
Your Information means any information describing or relating to you. Your Information may identify you directly, for example your name, address, date or birth, and the like. Your Information may also identify you indirectly, for example, your employment and financial situation, or any other information that could be associated with your cultural or social identity.
In the context of providing you with assistance in relation to your property acquisition or disposal (Estate Agency) Your Information may include:
Title, names, date of birth, gender, nationality, civil/marital status, contact details, addresses and documents that are necessary to verify your identity
Employment and remuneration information, (including salary/bonus schemes/overtime/sick pay/other benefits), employment history etc.
Other information regarding financial standing and ability to proceed with a property purchase/sale as required for us to assess such ability and report for instance, to the seller in the case of a property purchase, in order for them to gain confidence to proceed.
The basis upon which our Firm will deal with Your Information
When we speak with you about your property acquisition or disposal requirements (Your Requirements) we do so on the basis that a contract for the supply of services is in place between us. In order to perform that contract, and to communicate with relevant parties in order to chase progress on such, we have the right to use Your Information for the purposes we set out below.
On occasion, we will use Your Information to enable us to meet any contractual responsibilities we may owe, or for wider compliance with any legal or regulatory obligation to which we might be subject. If this were to arise we would be processing Your Information in order to meet a legal, compliance or other regulatory obligation to which we are subject.
The basis upon which we will process certain parts of Your Information
In the situation where we are dealing with Executors of Estates or Powers of Attorney or other instances where we are given or require information regarding health or medical history of one or more of the parties to any transaction (Your Special Data), we will record and use Your Special Data only when it is absolutely necessary to do so in connection with progressing any transaction.
Your Special Data will be used by us in the same way as Your Information generally, as set out in this Customer Privacy Notice.
How do we collect Your Information?
We will collect and record Your Information from a variety of sources, but mainly directly from you. You will usually provide information during the course of our initial meetings or conversations with you to establish your circumstances and needs and preferences in relation to property acquisition or disposal requirements. You will provide information to us verbally and in writing, including email.
We may also obtain some information from third parties, for example from your solicitors or other estate agents. If we use technology solutions to assist in the collection of Your Information, such as software that is able to verify your identity on-line or to access your credit status and/or bank account entries, then you will be required to provide your consent for us or our nominated processor to access your information in this manner, and details of how such software operates will be provided to you prior to the activation of the service.
In addition The Company may obtain limited information from the following sources, each of which is subject to an ‘Introducer Agreement’ between the parties which protects any information transferred between the two as if subject to this Privacy Notice;
Xact Mortgages Limited and Xact Lettings Limited, both sister companies of Xact Homes Limited which provide (1) mortgage and protection broking services to Builders and Estate Agents in the case of Xact Mortgages Limited and (2) residential lettings services in the case of Xact Lettings Limited. In these instances you will also sign a contract for the supply of services direct with Xact Mortgages Limited or Xact Lettings Limited and will likewise be protected with regard to Your Information.
What happens to Your Information when it is disclosed to us?
In the course of handling Your Information we will:
record and store Your Information in our paper files, mobile devices and on our computer systems (websites, email, hard drives, cloud facilities) and it will be accessed by employees and consultants within, or contractors engaged, by our Firm as necessary to provide our service to you and to perform any administration tasks associated with or incidental to that service
share certain of Your Information with solicitors, valuers and other professional organisations, both in paper and electronic form, in order to process your property transaction in the most timely manner on your behalf and to deal with any additional questions or administrative issues arising.
When authorised by yourselves to do so we may pass your information to Xact Mortgages Limited as above in order for them to potentially arrange mortgage or protection services in connection with a property purchase. In this instance you will also sign a contract for the supply of services direct with Xact Mortgages Limited and will likewise be protected with regard to Your Information.
in each case for the purposes set out in this customer privacy notice, i.e. to progress your property transaction.
Please note that this sharing of Your Information does not entitle such third parties to send you marketing or promotional messages: it is shared for the purpose of ensuring we can adequately fulfil our responsibilities to you, and as otherwise set out in this Customer Privacy Notice.
We do not envisage that the performance by us of our service will involve Your Information being transferred outside of the European Economic Area.
Security and retention of Your Information
Your privacy is important to us and we will keep Your Information secure in accordance with our legal responsibilities. We will take reasonable steps to safeguard against Your Information being accessed unlawfully or maliciously by a third party, accidentally lost, destroyed or damaged.
We also expect you to take reasonable steps to safeguard your own privacy when transferring information to us, such as not sending confidential information over unprotected email, ensuring email attachments are password protected or encrypted and only using secure methods of postage when original documentation is sent to us.
Your Information will be retained by us either electronically or in paper format for a minimum of six years, or if longer than six years, the duration of this Firm’s relationship with you.
Your rights in relation to Your Information
With effect from 25/5/2018, you can:
request copies of Your Information that is under our control
ask us to further explain how we use Your Information
ask us to correct, delete or require us to restrict or stop using Your Information (details as to the extent to which we can do this will be provided at the time of any such request)
ask us to send an electronic copy of Your Information to another organisation should you wish
change the basis of any consent you may have provided to enable us to market to you in the future (including withdrawing any consent in its entirety)
How to make contact with our Firm in relation to the use of Your Information
If you have any questions or comments about this document, or wish to make contact in order to exercise any of your rights set out within it please contact:
Data Protection Officer – Xact Homes Limited, 36 St Johns Way KNOWLE B93 0LE (including offices at 48 High Street SOLIHULL B91 3TB, 170 Station Road BALSALL COMMON CV7 7FD and, 3 Union Road SHIRLEY B90 3BT).
If we feel we have a legal right not to deal with your request, or to action it in different way to how you have requested, we will inform you of this at the time.
You should also make contact with us as soon as possible on you becoming aware of any unauthorised disclosure of Your Information, so that we may investigate and fulfil our own regulatory obligations.
If you have any concerns or complaints as to how we have handled Your Information or Your Special Data/Criminal Disclosures you may lodge a complaint with the UK’s data protection regulator, the ICO, who can be contacted through their website at https://ico.org.uk/global/contact-us/ or by writing to Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.