PRIVACY POLICY

Montpellier Property Consultants Ltd



This privacy policy explains how we use any personal information that we collect about you and sets out how we protect any information that we hold.  We take your privacy very seriously and we are committed to ensuring that your privacy is protected.
Prior to being allowed to use your data in the way described in this privacy policy, data protection laws specify that we meet certain conditions.  When we use your personal data we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including the United Kingdom) and we are responsible as ‘controller’ of that personal data for the purposes of the GDPR. Our use of your personal data is subject to your instructions, the GDPR, other relevant UK and EU legislation and our professional duty of confidentiality.
We therefore take our responsibilities under data protection laws very seriously and this includes conforming to these conditions.  In order to use your personal data, we will rely upon conditions and these depend on the activities we carry out.  However, it is in our legitimate interest to collect your personal data as this gives us the information we require to provide our services to you most effectively.
Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.

Personal data we collect about you

The table below sets out the personal data we will or may collect in the course of advising and/or acting for you.
Personal data we will collectPersonal data we may collect depending on why you have instructed us
Your name, address and telephone number.

Information to enable us to check and verify your identity, e.g. your date of birth or passport details.

Electronic contact details, e.g. your email address and mobile phone number.

Information relating to the matter in which you are seeking our advice or representation.

Your financial details so far as relevant to your instructions, e.g. the source of your funds if you are instructing us on a purchase transaction.
Your National Insurance and tax details.

Your bank and/or building society details.

Details of your professional online presence, e.g. LinkedIn profile.

Information to enable us to undertake a credit or other financial checks on you.

Your employment status and details including salary and benefits, e.g. if you instruct us on a matter related to your employment or in which your employment status or income is relevant.
This personal data is required to enable us to provide our service to you. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.

How your personal data is collected

We collect most of this information from you. However, we may also collect information:
• from publicly accessible sources, e.g. Companies House or HM Land Registry;
• directly from a third party, e.g.:
 credit reference agencies;
client due diligence providers;
• from a third party with your consent, e.g.:
your bank or building society, another financial institution or advisor;
consultants and other professionals we may engage in relation to your matter;
your employer and/personal referee

How and why we use your personal data

Under data protection law, we can only use your personal data if we have a proper reason for doing so, e.g.:
• to comply with our legal and regulatory obligations;
• for the performance of our contract with you or to take steps at your request before entering into a contract;
• for our legitimate interests or those of a third party; or
• where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
The table below explains what we use (process) your personal data for and our reasons for doing so:
What we use your personal data forOur reasons
To provide commercial property services to you.For the performance of our contract with you or to take steps at your request before entering into a contract.
Conducting checks to identify our clients, customers and verify their identity.
Screening for financial and other sanctions or embargoes.
Other processing necessary to comply with our professional, legal and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules issued by our professional regulator.
To comply with our legal and regulatory obligations.
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies.To comply with our legal and regulatory obligations.
Ensuring business policies are adhered to, e.g. policies covering security and internet use.For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you.
Operational reasons, such as improving efficiency, training and quality control.For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price.
Ensuring the confidentiality of commercially sensitive information.For our legitimate interests or those of a third party.
To comply with our legal and regulatory obligations.
Statistical analysis to help us manage our practice, e.g. in relation to our financial performance, client base, work type or other efficiency measures.For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price.
Preventing unauthorised access and modifications to systems.For our legitimate interests or those of a third party, e.g. to prevent and detect criminal activity that could be damaging for us and for you.
Updating and enhancing client and customer records.For the performance of our contract with you or to take steps at your request before entering into a contract.
To comply with our legal and regulatory obligations.
For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our clients about existing and new services.
Statutory returns.To comply with our legal and regulatory obligations.
Ensuring safe working practices, staff administration and assessments.To comply with our legal and regulatory obligations.
For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you.
Marketing our services to:
—existing and former clients;
—third parties who have previously expressed an interest in our services;
—third parties with whom we have had no previous dealings.
We will obtain consent in order to contact you. Initially we may rely on legitimate interest, but we will give the option to opt in to those mailing lists.
Credit reference checks via external credit reference agencies.For our legitimate interests e.g. for credit control and to ensure our clients are likely to be able to pay for our services and property purchase/rental costs.
External audits and quality checks, e.g. for Lexcel, ISO or Investors in People accreditation and the audit of our accounts.For our legitimate interests or those of a third party, to maintain our accreditations so we can demonstrate we operate at the highest standards.
To comply with our legal and regulatory obligations.
The above table does not apply to special category personal data, which we will only process with your explicit consent.

Promotional communications

We may use your personal data to send you updates (by email, telephone or post) about property developments that might be of interest to you and/or information about our services.
Where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal data with the utmost respect and never sell or share it with other organisations for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by:
• contacting us at info@montpellierproperty.com
• using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts
We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

Who we share your personal data with

We routinely share personal data with:
• professional advisers who we instruct on your behalf or refer you to, e.g. professionals, accountants, or other experts;
• other third parties where necessary to carry out your instructions, e.g. your mortgage provider or HM Land Registry in the case of a property transaction or Companies House;
• credit reference agencies;
• our insurers and brokers;
• external auditors, e.g. in relation to the audit of our accounts;
• our banks;
• external service suppliers, representatives and agents that we use to make our business more efficient, e.g. Typing and Administration Services, Marketing Agencies, Energy Performance Assessors etc
• We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to us and to you.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
We will not share your personal data with any other third party.

Where your personal data is held

Information may be held at our offices at 10 Montpellier Street Harrogate HG1 2TQ and any service providers, representatives and agents as described above (see ‘Who we share your personal data with’).
Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the EEA’.

How long your personal data will be kept

We will keep your personal data after we have finished advising or acting for you. We will do so for one of these reasons:
• to respond to any questions, complaints or claims made by you or on your behalf;
• to show that we treated you fairly;
• to keep records required by law.
We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data. Further details on this are set out in our terms and conditions when we open a file for you.
When it is no longer necessary to retain your personal data, we will delete or anonymise it.

Transferring your personal data out of the EEA

To deliver services to you, it may be sometimes necessary for us to share your personal data outside the European Economic Area (EEA), e.g.:
• with service providers either of us use which are located outside the EEA;
• if you are based outside the EEA;
• where there is an international dimension to the matter in which we are advising you.
These transfers are subject to special rules under European and UK data protection law.
Some non-EEA countries do not have the same data protection laws as the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law and all personal data will be secure. Our standard practice is to use standard data protection contract clauses which have been approved by the European Commission.

Your rights

You have the following rights, which you can exercise free of charge:
AccessThe right to be provided with a copy of your personal data (the right of access).
RectificationThe right to require us to correct any mistakes in your personal data.
To be forgottenThe right to require us to delete your personal data—in certain situations.
Restriction of processingThe right to require us to restrict processing of your personal data—in certain circumstances, e.g. if you contest the accuracy of the data.
Data portabilityThe 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 objectThe right to object:
—at any time to your personal data being processed for direct marketing (including profiling);
—in certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests.
If you would like to exercise any of those rights, please:
• email, call or write to us—see below: ‘How to contact us’; and
• let us have enough information to identify you (e.g. your full name, address and client or matter reference number);
• let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
• let us know what right you want to exercise and the information to which your request relates.

Keeping your personal data secure

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 business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator if we suspect a data security breach has occurred in accordance with our legal obligations.

How to complain

We hope that we can resolve any query or concern you may raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: 0303 123 1113.

Changes to this privacy policy

This privacy policy was updated in April 2018.
We may change this privacy policy from time to time. Please check the website for the most up to date version, as we will not be under any duty to tell you of any changes to our Privacy Policy during your matter.

How to contact us

Please contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.
Our contact details:
Montpellier Property Consultants Ltd
, 10 Montpellier Street
, Harrogate
 HG1 2TQ
Registered UK Company No: 8724601, Registered in England and Wales.

 Tel: 01423 547313
Email: info@montpellierproperty.com
Please ask for the Data Protection Officer.
April 2018

© November 2019. Montpellier Property Consultants Ltd, 10 Montpellier Street, Harrogate, North Yorkshire HG1 2TQ. Tel: 01423 547313.