Miles & Barr Holdings Limited (collectively referred to as "Miles & Barr", "we", "us" or "our" in this privacy notice) and the members of its group respects your privacy and is committed to protecting your personal data. This privacy notice will inform you how we look after your personal data if you are:
- a current, potential or former client;
- a tenant or prospective tenant for a property that we manage, or a guarantor for a tenant;
- a supplier, or professional or business contact of Miles & Barr or any of its group companies;
- a visitor to our website (www. milesandbarr.co.uk),
and otherwise when we interact with you.
1. IMPORTANT INFORMATION
References to Miles & Barr refer to Miles and Barr Holdings Limited (company number 12346329) and its subsidiaries, including Miles & Barr Property Management Limited. A full list of subsidiaries can be found on our website.
Miles & Barr is the data controller and responsible for your personal data.
We have appointed a Data Protection Manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the Data Protection Manager as follows:
- Data Protection Manager: Simon Thompson
- Address: Miles & Barr, 1 The Links, Herne Bay, Kent. CT6 7GQ
- Telephone Number: 01304 626444
- Email address: firstname.lastname@example.org
Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. THE DATA WE COLLECT AND HOW WE COLLECT IT
The data we collect
Depending on your relationship with us (for instance, whether you are a client, tenant, supplier or professional contact), we collect, use, store and transfer some or all of the following data:
- Identity and Contact Data: personal and identity data, including your names, date of birth, information about your family, copies of your passport driving licence and other ID, national insurance number, postal address, email address and telephone numbers;
- Financial Data: including details of your bank accounts and payment card details; details contained in any financial references;
- Client Data: all of the personal data that you may give to us in connection with the advice or services we provide to you, including details about your income and financial affairs, family details, property ownership, personal affairs and in some cases health and medical details.
- Data about your movements: when you attend our offices, you may be captured on CCTV or asked to sign into a register;
- Transaction Data: details of services we provide to you;
- Technical Data: information we collect automatically when you visit our website, including your IP address, browser details, and device details;
- Marketing and Communications Data: includes your preferences in receiving marketing from us and your communication preferences.
- Sensitive Data: includes data about your disabilities or health conditions which you might provide to us.
Note: For information on how we use your data and the legal basis for doing so, please refer to Section 3 - How we use your personal data.
Can you withhold your data?
You can withhold your data from us if you wish. But where we need to collect personal data by law, or to provide services to you, and you fail to provide that data when requested, we may not be able to provide our services to you. In such cases, we may need to suspend or terminate our engagement, but if this is the case, we will notify you at the time.
You may provide us with information about disabilities or health conditions, for example to check that a property is suitable for your needs.
Where we collect your data from
We may collect your data from different sources:
- We collect all of the types data listed above directly from you when you interact with us or when you attend our offices.
- We collect Identity and Contact Data, Financial Data, and Client Data from your relatives or housemates where we interact with them directly in the course of providing our services.
- We collect Identity and Contact Data, Financial Data, and Client Data from professionals and others providing you with services, such as your accountant, financial advisor, mortgage advisor, legal advisors, or bank.
- We collect Technical Data automatically when you interact with our website, by using cookies and other similar technologies.
- We collect Identity and Contact Data from reference agencies, and databases we use for conducting ID checks.
- We collect Identity and Contact Data, and some Client Data, from publicly available records such as Companies House and the Land Registry.
3. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us using the details above if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Lawful basis for processing including basis of legitimate interest|
|To register you as a new client, landlord, tenant, buyer, seller or supplier||(a) Performance of a contract with you
(b) Necessary for our legitimate interests (necessary to provide our services even where there is no contract with you)
|To carry out identity checks, right to rent checks, and referencing checks.||(a) Necessary to comply with a legal obligation
(b) Necessary for our legitimate interests (to check on the financial standing of tenants)
|To provide services to you and carry out your instructions in connection with our services.||Performance of a contract with you|
|To share information with your other professional advisors for the purposes of them providing services to you||(a) Performance of a contract with you
(b) Consent, where you have provided consent to us sharing this information
|To communicate with you for the purpose of providing services to our clients, who may be mutual clients||Necessary for our legitimate interests (to provide services to our clients in an efficient manner).|
|To carry out administration in connection with the provision of services to you, including:
(a) Managing payments, fees and charges
(b) Collect and recover money owed to us
(c) Collecting deposits and making payments to landlords and tenants and deposit protection schemes.
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us; to make payments needed or required in connection with our services)
|To manage queries relating to services we have provided to you historically||(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to be able to respond to queries about our services)
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To enable you to partake in a competition or complete a survey||(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about services that may be of interest to you||(a) Consent (where you have provided positive consent)
(b) Necessary for our legitimate interests (to develop our products/services and grow our business)
|To share your information in an encrypted format with social-media companies. They can then match this to personal information they already hold about you so they can display messages to you about our products and services or create lookalike audiences for our products.||Necessary for our legitimate interests (we have a legitimate interest in using social-media companies to share information with you about our products or services that may be relevant and beneficial to you, or to create lookalike audiences).|
|To invite you to networking and professional events, and to inform you about developments in our business or the law more generally.||(a) Consent (where you have provided positive consent)
(b) Necessary for our legitimate interests (to develop our products/services and grow our business).
|Where we are required to send information to our regulators, the Property Ombudsman, or other agencies, including providing information to HMRC on right to rent checks, and providing information to the Property Ombudsman.||(a) Necessary to comply with a legal obligation
(b) Necessary for our legitimate interests (to comply with our regulatory obligations)
|To provide information to NHS Test and Trace on those attending our office.||(a) Consent (where you voluntarily sign in using a QR Code)
(b) Necessary for our legitimate interests (to help protect our clients and staff from the spread of coronavirus; to comply with requests from public bodies)
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
In addition, we may process your personal data without your knowledge or consent, where this is required or permitted by law.
Where we hold particularly sensitive data, we will only use this for the purpose of providing our services to you or where required by law.
Please see section 4 below, for details of how we use your data for marketing purposes.
Anti-Money Laundering and Fraud Prevention
We are required by law and our regulators to carry out checks on the identity and address of all of our clients and tenants of properties we manage, and to carry out right to rent checks on tenants. As part of carrying out those checks, we may pass your details to third party search providers.
We may also be required by law to provide your personal data to crime or fraud prevention agencies.
Should a purchaser(s) have an offer accepted on a property marketed by Miles & Barr, they will need to undertake an identification check. This is done to meet our obligation under Anti Money Laundering Regulations (AML) and is a legal requirement. | We use a specialist third party service to verify your identity provided by Lifetime Legal. The cost of these checks is £60 inc. VAT per purchase, which is paid in advance, directly to Lifetime Legal, when an offer is agreed and prior to a sales memorandum being issued. This charge is non-refundable under any circumstances.
Aggregated Data and Benchmarking
We also collect, use and share aggregated data such as statistical or demographic data for any purpose. For example, we may prepare statistics on the number of people renting in a certain area, or the average age of tenants. Although aggregated data may be derived from your personal data, it is not considered personal data in law as this data does not directly or indirectly reveal your identity.
Cookies when using our website
When you click through to other websites from our site, those websites may place cookies on your device or collect data from you. We are not responsible for the activities of the provider of any third party website.
4. HOW WE USE YOUR DATA FOR MARKETING PURPOSES
We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and events may be relevant for you.
You may receive marketing communications from us in respect of our business and our services if you have requested information from us or previously been a client of Miles & Barr and, in each case, you have not opted out of receiving that marketing.
We may also share your email address with Facebook, Instagram and other social media providers to create lookalike audiences for our services. During this process, the social media platform will link your email address with your profile, and then create an audience of potential customers for us, based on similarities to your (and other customers’) profiles. We will enter into a legal contract with the social media provider to require them to only use your data for the purpose of creating an audience for us.
We do not share your contact details with any third party for the purpose of that third party sending marketing.
DISCLOSURES OF YOUR PERSONAL INFORMATION
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 3 above:
- Your professional advisers who you ask us to interact with, including accountants, lawyers, financial advisors, mortgage brokers, and bankers.
- Landlords, tenants, buyers and sellers if you are a landlord, tenant, buyer or seller of a property we manage or market, we may need to share your details with the other party to the transaction or potential transaction (for example, if you are a tenant, we will need to share certain details with the landlord, and if you are a prospective buyer, we may need to share certain details with the seller).
- Search providers and referencing providers who carry out checks on your identity or provide referencing services
- Service providers who provide IT and system administration services, who store documents on our behalf, or who provide marketing services (including social media platforms). We may also provide details to utility providers/contractors as part of our property management services.
- The Tenancy Deposit Scheme, Deposit Protection Scheme or any other deposit protection service provider.
- The Property Ombudsman where you make a complaint to the Property Ombudsman about our us.
- Our professional advisers including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, crime prevention agencies, and other authorities based in the UK who require reporting of our processing activities in certain circumstances.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
- To NHS Test and Trace We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
5. INTERNATIONAL TRANSFERS
We may transfer your personal data to third parties providing services to us who are based outside of the UK or European Economic Area (EEA). This includes parties providing IT administration services and hosting services, and parties providing assistance with managing our marketing databases.
Whenever we transfer your personal data outside of the UK or EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- Transferring data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; or
- using specific contracts approved by the UK Information Commissioners Officer which give personal data the same protection it has in Europe.
6. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
For more details of our specific retention periods, please contact our Data Protection Manager.
7. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are set out below. If you wish to exercise any of the rights set out above, please contact our Data Protection Manager.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
Complaint to the ICO
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Your legal rights
Your legal rights are as follows:
- Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in certain circumstances.
- Request the transfer of your personal data to you or to a third party.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
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