OUR PRIVACY POLICY

Privacy and Your Personal Information

Mission Statement

We are committed to compliance with all relevant laws and regulations and will only use personal data for lawful business purposes.

We strive to ensure that the data we collect is accurate, complete, and up-to-date, and that it is kept safe from unauthorised access, loss or damage. Data protection is at the core of our values, and we believe everyone has a right to privacy.

Legislation

Fynecast Limited must look after your personal information by law. The main legislation that applies to protecting your information is:

General Data Protection Regulations (UK) (GDPR UK)
Data Protection Act 2018 (DPA)
Human Rights Act 1998 (Article 8) (HRA)
Privacy and Electronic Communications Regulations 2003 & 2011 (PECR)
Money Laundering Regulations 2017
Proceeds of Crime Act 2002
The Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regs 2019
Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
Regulation of Investigatory Powers Act 2000 (RIPA)

1. Who we are

This Privacy Notice applies to the use and processing of personal information collected under our trading names:

Fynecast Limited

Fynecast Limited is the overall Data Controller and we have a legal duty to protect any information we collect from you or the relevant Estate / Letting Agent acting on our behalf and introducing you as a Purchaser or a Tenant.. The phrases ‘us’, ‘we’ or ‘our’ will mean Fynecast Limited.

Our statutory Data Protection Officer is Mr Sam Attewell.

He can be contacted by email at sattewell@fynecast.co.uk or in writing at Fynecast Limited, 6 Spring Meadows Business Centre, Highfield Farm, Wargrave, RG10 8PZ

2. Information covered by this Privacy Notice

This Privacy Notice covers use of personal information as defined in GDPR UK & the Data Protection Act 2018.

Personal data. This is information, or any combination of separate pieces of information, that could be used to identify you. This includes your name, address, contact details etc.

“Special category” personal data. This sensitive personal information is given more protection in law. For example, details of your health or nationality.

For more details of these definitions see below.

Personal data is any information about an identified or identifiable natural person “a data subject”; an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as their name, alias, address, national insurance number, telephone number, email address, contact information, financial information, IP address.

It can include information in different formats including electronic data, hand-written notes, voice recordings, photographs, CCTV footage.

Special category personal information is personal information which reveals racial or ethnic origin, political opinions, religious/spiritual/philosophical beliefs, trade union membership, genetic or biometric data, physical or mental health data, sex life or sexual orientation data, criminal or alleged criminal offences.

3. Where do we get personal information from?

The majority of the personal information we collect will have been provided by you during the course of your relationship with us either through face to face contact, by telephone, email or electronic communication such as messaging, or emails.

However, we may also obtain your personal data from other sources including:

Estate / Letting Agents acting on our behalf and introducing you as a Purchaser or a Tenant.

4. What information do we collect?

We collect your personal information based on the service or services we are offering you. We will only collect the information needed. We will not sell your personal information to anyone. Some examples of information we may collect directly from you, can be found here:-

Information we may collect directly from you Why we collect it

Your name, address, phone number, email address To provide Landlord services to

Your date of birth, nationality and details from identity documents you provide When you enter in to a Tenancy Agreement with us and

to perform Right To Rent follow up checks

Moving in and out dates and corresponding utility meter readings So we can deliver our management and letting service to you

We may request additional information from you which is relevant to the provision of specific services. If we do this, we will always tell you why the information is needed.

5. How we use your information

We will process the information you provide or we obtain from other sources to provide you with our services and answer any questions you may have.

The following are examples of how we use the information we collect:

To provide full property management and maintenance services

To process payments of rent.

To arrange an energy performance certificate.

To provide an inventory and check in / check out service.

To liaise with utility companies and local authorities.

To monitor and improve our services

Customer Surveys

We may invite you to participate in surveys from time to time to help us gather feedback on our services, to make improvements.

We will let you know if we do decide to use a third party at any time in the future.

6. Lawful basis of processing your personal information

Fynecast Limited processes your personal information under any of the following lawful conditions:

Performance of a contract Article 6 (1)(b) GDPR - this is where the collection and processing of your data is necessary for the performance of a contract to which you are a party.

Legal obligation Article 6 (1)(c) GDPR- where the collection and processing of your personal data is necessary for compliance with a legal obligation, for example, to comply with the Data Protection Act, verify your identity, for fraud and money laundering prevention.

Legitimate interests Article 6 (1)(f) GDPR - some personal information is processed by Fynecast Limited as part of its legitimate interests which includes Landlord services and obligations.

The lawful basis for processing “special category” personal information.

Fynecast Limited processes “special category” information only when it is necessary. The lawful basis we use to process your “special category” information is:

Explicit Consent Article 9 (2)(a) GDPR – is freely given, specific and unambiguous consent before the processing of your data.

Data that has been made public Article 9 (2)(e)

Establishing, exercising or defending a legal claim Article 9 (2)(f) GDPR – on the suspicion of money laundering in line with the Proceeds of Crime Act 2002 (Section 339ZB)

You may want to inform us of your “special category” data voluntarily to enable us to help us make your tenancy as comfortable as possible. We will record your needs/preferences without recording your medical / health conditions in most cases.

Withdrawing consent

You have the right to withdraw your consent at any time. Please contact Fynecast Limited directly.

Children’s privacy

We do not offer any products or services to children (defined as under the age of 16 in GDPR UK )

7. Who we share your information with

Third party service providers

Third Party service providers

Where we engage third party service providers to provide business services, we provide them with the minimum personal information needed to perform the service or provide the product we have requested. We ensure all third party service providers understand they are required to protect your information, and not to use it for any other purpose.

Please see below third party organisations we share your information with and why:-

Third party Why we share your personal information

Approved contractors To building maintenance contractors, domestic appliance engineers, to arrange EPC visits, to arrange for contractors to provide safety and statutory tests and to take inventories

Solicitors To pursue a claim for breach of tenancy agreement

Local Authority For the payment of council tax

Law enforcement bodies including the police, HMRC, and local council To comply with court orders or legal obligations

Utility companies For payment of utility bills

Debt collection companies To assist in recovering any monies which are owed

The information commissioners office If information relating to you is requested by them to investigate a concern you have raised with them

8. How long we keep your information for

We are required to keep your information for as long as is reasonably necessary to fulfil our legal and regulatory obligations. We have a Retention and Destruction Schedule to ensure we comply with the relevant legislation when processing your information.

For lettings we keep your information for 6 years + 1 after you have stopped using our service.
For property sales we keep your information for 6 years + 1 year after the sale has been completed.
Any copies of ID documents needed for Proof of ID / Right To Rent checks we will keep your information for 1 year after the end of your tenancy.

9. Your statutory rights

You have a number of rights concerning the personal information we process about you. You have the right to:

ask us for access to a copy of your personal information we hold about you. This is called a data subject access request. We may ask you to provide ID to verify your identity.
ask us to correct your personal information if it is inaccurate. We may ask you to provide confirmation to ensure the information we hold is accurate.
ask us to delete your personal information. We are unable to delete your information if the law requires us to keep it for a statutory period or there is a lawful reason we must keep the information. We will always investigate any request and advise you, if we are unable to erase your data.
withdraw your consent to use your personal information. Where you have provided consent for our processing of your personal data, you may withdraw that consent at any time by simply contacting Fynecast Limited.
ask us to restrict the use of your personal data, including direct marketing.
object to our use of your personal data for our legitimate business interests. You have an absolute right to object to our use of your data for direct marketing.#

Subject Access Request

If you wish to make a request for access to a copy of your personal data, or to exercise any of your other rights, please write to Fynecast Limited.

We will endeavour to respond to and comply with your request as quickly as possible. We are aware of the statutory deadline for a subject access request, however we will always try to send your information before the legal deadline.

Making a data subject access request

If you are seeking information for a specific period of time or a specific issue, please tell us, as this will help us to fulfil your request and speed up our response to you.
We may need to ask you for proof of your identity. It is an offence to request the personal information relating to someone else.
There is no fee for this service.
The statutory deadline is one month. We may extend this deadline if your request is complex. Your request may be suspended if we need information from you to identify the location or business.
You will receive all the information you are legally entitled to. You will not receive information regarding third parties or other individuals.
You will not receive legally privileged information.

10. How we protect your information

We store your personal information on our electronic computer systems and in our paper filing systems.

In accordance with the law we have strict security procedures to ensure that personal information is not damaged, destroyed or misused, and to prevent unauthorised access to your information. We have an internal breach reporting system to record all information security incidents and breaches. Serious data breaches are reported to the ICO within 72 hours, in accordance with the GDPR UK and the Data Protection Act 2018.

11. Data Transfers

The GDPR UK applies to the UK only. GDPR UK is based on the GDPR EU which applies all countries within the EU and European Economic Area (EEA). The EU and the UK have agreed adequacy status for the continued free-flow of personal data within the UK, EU and EEA. We will ensure that there is adequate security and comparable legislation in place before sending your information to other countries outside the EEA. In accordance with the Data Protection Act 2018 and UK GDPR, if we need to transfer data outside the EEA and the country it’s transferred to is not on an approved list for having adequate security controls in place, we will limit the amount of personal data we send. We will also impose contractual obligations (standard contractual clauses) in accordance with the EDPB (European Data Protection Board) (as approved by the ICO) from the recipients to ensure the security and confidentiality of your personal data to safeguard your information.

Whilst we always strive to keep our data in the UK and limit data transfers, we do use a cloud services provider for our customer data. Data back-ups are held outside the UK in accordance with GDPR for business continuity reasons. As with most global cloud service providers, the use of global back-up systems is common place.

12. Who to contact to make a complaint

If you wish to make a complaint about our compliance with UK GDPR or data protection, please write to our statutory Data Protection Officer-

Mr Sam Attewell at sattewell@fynecast.co.uk.

We ask you to state in your complaint, the following information to enable an independent investigation:-

Your name, contact email address and the address of the property (if regarding a tenancy, a sale, maintenance issue )
A description of the complaint, time period or relevant dates, and the names of any staff members
Please attach details if your issue relates to a letter, copy of email etc.

Once we have the information above, an investigation will be carried out by the Data Protection Officer. We aim to respond to your complaint as soon as possible, but no later than 10 days from receipt. If you remain dissatisfied following a complaint to our Data Protection Officer, you can submit a complaint about data protection, privacy and data sharing issues directly to the Information Commissioner’s Office (ICO) at:

Information Commissioner’s Office Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

Website: https://ico.org.uk/ Email: casework@ico.org.uk Telephone: 0303 123 1113

13. Legal Information about Fynecast Limited.

The ICO registration for Fynecast Limited is ZA148143

Fynecast Limited is a registered company. Our registered office address is 6 Spring Meadows Business Centre, Highfield Farm, Wargrave, RG10 8PZ. Our registered number is 778944