Bowler Oakfield Privacy Notice General Data Protection Regulation (GDPR) WHAT IS THE PURPOSE OF THIS DOCUMENT? Bowler Oakfield Estates is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you during and after your contractual relationship with us, in accordance with the General Data Protection Regulation (GDPR). It applies to all clients and their associates including companies, partnerships, shareholders, members, officers and employees, along with contractors and tenants, occupiers and licensees of clients. Bowler Oakfield Estates Limited is a private limited company under registration number 09621838. The registered office is 7c Hanham Hall, Whittucks Road, Hanham, Bristol BS15 3FR. Bowler Oakfield Estates Limited is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice. This notice applies to current and former clients and their associates including companies, partnerships, shareholders, members, officers and employees, along with, contractors and tenants, occupiers and licensees of clients. This notice does not form part of any contract to provide services. We may update this notice at any time. It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information. DATA PROTECTION PRINCIPLES We will comply with data protection law. This says that the personal information we hold about you must be: Used lawfully, fairly and in a transparent way. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes. Relevant to the purposes we have told you about and limited only to those purposes. Accurate and kept up to date. Kept only as long as necessary for the purposes we have told you about. Kept securely. THE KIND OF INFORMATION WE HOLD ABOUT YOU 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). There are “special categories” of more sensitive personal data which require a higher level of protection. We will collect, store, and use the following categories of personal information about you: Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses. Date of birth. Government Gateway Identification. Bank account details, payroll records and tax status information. Copy of driving licence or passport. HOW IS YOUR PERSONAL INFORMATION COLLECTED? We collect personal information about clients and their associates including companies, partnerships, shareholders, members, officers and employees, along with contractors and tenants, occupiers and licensees of clients through the appointment of us as advisers to our clients, either directly from the client or contractor, or through a background check provider. We may sometimes collect additional information from third parties including credit reference agencies or other background check agencies, for example, for the purposes of anti-money laundering compliance or for the purpose or referencing a tenant prior to entering into a tenancy. We will collect additional personal information in the course of instruction-related activities throughout the period we are appointed to advise and act on your behalf. HOW WE WILL USE INFORMATION ABOUT YOU We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances: Where we need to perform the contract we have entered into with you. Where we need to comply with a legal obligation. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We may also use your personal information in the following situations, which are likely to be rare: Where we need to protect your interests (or someone else’s interests). Where it is needed in the public interest or for official purposes. Situations in which we will use your personal information We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process data for clients and their associates including companies, partnerships, shareholders, members, officers and employees, along with contractors and tenants, occupiers and licensees of clients include: Administering the contract we have entered into with you (or your landlord). To prevent criminal activity and fraud. Complying with health and safety obligations. Business management and planning, including accounting and auditing. Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information. If you fail to provide personal information If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations. Change of purpose We will only use your personal information 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. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION “Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances: In limited circumstances, with your explicit written consent. Where we need to carry out our legal obligations. Where it is needed in the public interest. Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about clients or former clients in the course of legitimate business activities with the appropriate safeguards. Do we need your consent? We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal or contractual obligations, or in the course of legitimate business activities (with appropriate safeguards). In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us. We are allowed to use your personal information in this way to carry out our obligations to advise and act on your behalf, or on behalf of your landlord. We have in place an appropriate policy and safeguards which we are required by law to maintain when processing such data. DATA SHARING We may have to share your data with third parties, including third-party service providers and other entities in the group. We require third parties to respect the security of your data and to treat it in accordance with the law. We will not transfer your personal information outside the EU / EEA unless we have entered into a standard Contractual Clause to safeguard that information, in the absence of an EU Adequacy Decision. If we do, you can expect a similar degree of protection in respect of your personal information. Why might you share my personal information with third parties? We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so. Which third-party service providers process my personal information? “Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. How secure is my information with third-party service providers and other entities in our group? All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions. When might you share my personal information with other entities in the group? We will share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data. What about other third parties? We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law. Transferring information outside the EU Where appropriate, namely in the interests of our International clients, we will transfer the personal information we collect about you outside the EU in order to perform our contract. Where there is not an adequacy decision by the European Commission, the country to which we transfer your data is not deemed to provide an adequate level of protection for your personal information. However, to ensure that your personal information does receive an adequate level of protection we put in place appropriate measures by way of a Commission approved Standard Contractual Clause, to ensure that your personal information is treated in a way that is consistent with and which respects the EU and UK laws on data protection. If you require further information about this protective measure, you can request it. DATA SECURITY We have put in place measures to protect the security of your information. Details of these measures are available on request. Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure. We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained on request. We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so. DATA RETENTION How long will you use my information for? We will only retain your personal information 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. Further details of data retention periods are included in our Data Retention Policy, which is available on request. 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. In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer a client (or client’s associate) or contractor of the company we will retain and securely destroy your personal information in accordance with our Data Retention Policy and any applicable laws and regulations. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION Your duty to inform us of changes It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us. Your rights in connection with personal information Under certain circumstances, by law you have the right to: Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected. Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below). Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes. Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it. Request the transfer of your personal information to another party. If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Ian Bowler or Amy Hillier in writing. No fee usually required You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such 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 the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it. RIGHT TO WITHDRAW CONSENT In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Ian Bowler or Amy Hillier. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law. COOKIES We use cookies on our website to manage the operation and performance of our sites. Cookies are small data text files that are placed on your computer when you visit a website. Cookies help to make websites work efficiently and provide us with information about how our website is used. When you visit www.bowleroakfield.co.uk, we use cookies to enable us to collect standard internet log information and visit behavioural patterns. Cookies automatically identify your browser whenever you interact with our site. This helps us to make our site more responsive to your needs and to track and manage information relevant to your specific interests. In this way, we can tailor our site to you, deliver a better and more personalised service and track the pages on our site that you are interested in. You should note that if you do not accept the cookies or subsequently choose to disable cookies, you may not be able to access all of the information on our website. In that, one of the cookies we use is essential for parts of the site to operate and has already been set. DATA PROTECTION OFFICER We have appointed a data protection officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO. 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. CHANGES TO THIS PRIVACY NOTICE We reserve the right to update this Privacy Notice at any time and those updates will be available on our website, or at your request. We may also notify you in other ways from time to time about the processing of your personal information. REGULATED BY RICS Connect with us © 2021 Bowler Oakfield Estates Ltd | Privacy policy | Complaints Handling Procedure | Stuart Magog Website Design