Welcome to the Leamans Lettings Privacy Policy.
We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we look after personal data when you:
It will also tell you about your privacy rights and how the law protects you.
We have also provided a Glossary at the end of this page, to help you understand the meaning of some of the terms used in this privacy policy.
Purpose of this privacy policy
This website is not intended for children and we do not knowingly collect personal data relating to children (we will simply ask for the number of children that may occupy the Property and their respective ages).
Controller
Leamans Letting Agents Limited (“Leamans”) is the controller and responsible for your personal data (collectively referred to as "we", "us" or "our" in this privacy policy).
We are members of the Association of Residential Lettings www.arla.co.uk.
Sara Whiffen is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact in the following ways:
Email: sw@leamanslettings.com
Postal address: Leamans Lettings, Palace Gate, South Street, Exeter, EX1 1ED
Telephone number: 01392 410411
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.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review. This version was last updated on 16/05/19.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This 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 policy of every website you visit.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
We may require evidence of your legal right to rent a property in England. Some documents used as evidence and retained by us may include Special Categories of Personal Data about you such as ethnicity or biometric data (on a biometric resident permit for example).
We do not collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
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.
Note that 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 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 |
Type of data |
Lawful basis for processing including basis of legitimate interest |
Applicants |
||
To register your interest in a proprety |
(a) Identity (b) Contact |
Performance of providing a contract with you |
Landlords |
||
To register you as a landlord. |
(a) Identity (b) Contact |
Performance of a contract with you |
To process and manage our relationship with you including:
|
(a) Identity (b) Contact (c) Financial (d) Transaction (e)Marketing and Communications |
a) to fulfil our role as agent in lettings; and b) to recover debts due to us. |
To arrange the Tenancy and execute on your behalf as your agent.
|
(a) Identity (b) Contact |
Performance of a contract with you Please note: your name and address may be shared with the Tenant at any time as we are legally required to provide it to a Tenant upon their request. |
Tenants and Guarantors |
||
To complete the credit check process |
(a) Identity (b) Contact (c) Financial (d) Transaction |
Necessary for our legitimate interests to fulfil our role as agent in finding suitable tenants. |
To process and manage our relationship with you and our obligations under our contract with your Landlord, including:
|
(a) Identity (b) Contact (c) Financial (d) Transaction (e)Marketing and Communications |
a) to fulfil our role as agent in lettings; and b) to recover debts due to us. |
To record guarantor information and suitably administrate any guarantee given
|
(a) Identity (b) Contact (c) Financial |
Performance of a contract with you
Please note: if you are a Tenant using a Guarantor, we will share your data with the Guarantor as is necessary to inform them of their claims and liabilities under the guarantee. |
To record references for Tenants. |
(a) Identity (b) Contact
|
Performance of a contract with you
Please note: if you are a Tenant using a Referee, we will share your data with the Referee as is necessary to obtain their reference. |
To assess right to rent |
(a) Identity (b) Contact (c) Financial (d)Special Categories of Personal Data |
Our lawful basis for processing this category of data is “legal obligation” and we satisfy the additional conditions for sensitive processing under the Data Protection Act 2018 as such processing is necessary to exercise the duty conferred on us by the Immigration Act 2014. |
To inform utilities companies and local authorities of your occupation of the Property (including but not limited to the purpose of administration of utility and Council Tax liabilities) |
(a) Identity (b) Contact
|
|
To contact your next of kin in cases of emergency (including but not limited to health or risk to life). Please note: your personal data will be shared with your next of kin, to the extent required by the circumstance.
|
Any Data held by us relating to the Tenant as is necessary to adequately inform next of kin of the emergency. |
Performance of a contract with you |
To act as a Tenant's next of kin
|
(a) Identity for next of kin (b) Contact for next of kin |
Necessary for our legitimate interests to keep Tenants safe during their occupation of the Property. |
Business Operations |
||
To manage our relationship with you which will include:
|
(a) Identity (b) Contact (c) Profile (d) Marketing and Communications |
|
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
(a) Identity (b) Contact (c) Technical |
|
To enter into contracts with suppliers and contractors |
(a) Identity (b) Contact (c) Financial (d) Transaction (e)Marketing and Communications |
Performance of a contract with you
|
To comply with our legal obligations relating to local authorities and under the anti-money laundering, anti-terrorism and proceeds of crime regimes. |
(a) Identity (b) Contact (c) Financial (d) Transaction (e) Sensitive Personal Data |
Legal Obligation. |
Marketing |
||
To make suggestions and recommendations to you about properties and other services that may be of interest to you |
(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile |
Necessary for our legitimate interests (to develop our services and grow our business). You may opt-out at any time. |
To send you property updates via email following your registration. |
a) Identity b) Contact |
Your active consent, given at the point of registration for updates on our website and withdrawable at any time. |
We may share your personal data with the parties set out below for the purposes set out in the table above.
External Third Parties include:
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. 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.
We may transfer, store or process your personal information outside of the European Economic Area (“EEA”) by using our cloud-based Letting Agency Software. The laws in some countries may not provide as much legal protection for your personal information as in the EEA.
To view the Privacy Policy of the Letting Agency Software and their policy on transferring data outside the EEA click here.
Unfortunately, transmission of information over the internet is not completely secure. We will do our best to protect your personal information, but we cannot guarantee its security and any transmission is at your own risk.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We store data using a combination of cloud software, local based electronic storage and hard-copy records.
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your data: see your legal rights below for further information.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
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 could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
YOUR LEGAL RIGHTS
You have the right to:
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, though we may need to verify the accuracy of the new data you provide to us.
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. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
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. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your 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 the following scenarios:
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
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.