Lat updated 14th May 2018.
About SWH Chartered Surveyors
SWH Surveys is the trading name of SWH Surveys Limited, a limited company whose registered office is located at 3 Portland Place, Penrith, Cumbria, CA11 7QN, and is the Information Commissioners Office (ICO) registered data controller (registration ref: 04583137). The data protection officer is GRIFFITHS, Richard Llewellyn.
Information covered by this policy
Personal information is information, or any combination of separate pieces of information, that could be used to identify you.
SWH Surveys is committed to protecting the privacy of our users and protecting their personal information and supports the Data Protection Act in spirit and word. We have implemented technical, administrative and physical procedures designed to protect personal information from loss, misuse or alteration.
The personal information we collect from you is only that which is required by us to provide you with the information, products and/or services you have requested. When you submit your personal details to us as described below you will be deemed to consent to its use by us in the ways indicated below.
Personal information – what is collected and how?
We collect information directly from you when you contact us by telephone, letter, fax or email, including name, email address, postal address and telephone number (landline and/or mobile) if you request to be added to our mailing lists for appropriate newsletters. If we are instructed to act on your behalf we may also request further details, such as your date of birth, bank payment information, SBI number, VAT number etc. If we are instructed to sell a property on your behalf, we may in addition request copies of passports and other official documentation to fulfil Anti-Money Laundering requirements.
We may also obtain information about you from other sources, including publicly available sources, such as the Land Registry, Electoral Register, online telephone directories, social media platforms or referral agents.
Personal information – why is it collected?
The information collected is required for several reasons including i) to allow us to contact you to provide the service requested, ii) to customise the content of our website to meet your specific needs. iii) to make you aware of additional products and services that you may find of interest, iv) to provide newsletters or Fact Sheets which we believe to be relevant and of interest to you; v) to advise you of property that may be of interest, based on your location or information you have provided; vi) to carry out AML procedures as required, or vii) to contact you regarding site updates and enhancements.
Personal information – how will it be used?
We use your personal information as defined in the Data Protection Act 1998 (“Information”) in accordance with all relevant data protection legislation including the Data Protection Act 1998. We will also ensure all our data protection procedures are fully compliant with the procedures set out in the EU General Data Protection Regulations (GDPR). Please see the clause below entitled “use of information” for more specific details.
By using our website (“Website”) you accept the terms of this Data Protection Statement.
Personal information – who will it be shared with?
We will not share your data with anyone for marketing purposes. However, there are occasions when it must be shared such as:
- when we have received your instructions to pass the sale of your property to another agent.
- credit reference agencies, debt collection and tracing agencies.
- when we have received your instructions to arrange a purchase of BPS entitlements through a third party agent.
- to protect, defend or exercise the rights and property of SWH Surveys (including enforcing our Terms and Conditions).
- when required by law and/or government or regulatory authorities.
- to appropriate third party companies who assist us in delivering appropriate information (such as a mailing house who handles our leaflet distribution or Mailchimp the e-newsletter distribution platform), in order for us to carry out our legitimate interests.
Personal information retention period
We are required under UK tax law to keep clients’ basic personal data (name, address, contact details) for a minimum of six years. The information we use for marketing purposes will be kept by us until you notify us that you no longer wish to receive this information.
Personal information – what will be the effect of this on individuals concerned?
By processing your data, SWH Surveys will send you occasional newsletters by email or post, and otherwise may contact you to notify you of our services to your location.
Individuals’ rights under GDPR
The GDPR creates some new rights for individuals and strengthens some of the rights that currently exist. An individual’s rights under GDPR are:
- The right to be informed.
- The right of access.
- The right of rectification.
- The right to erasure.
- The right to restrict processing.
- The right to data portability.
- The right to object.
- Rights in relation to automated decision making and profiling.
The right to be informed
This obligates the data controller’s need to provide at your request “fair processing information”, typically through a privacy notice such as this, in order to provide transparency over how SWH Surveys’ uses personal data.
The right of access
The right of rectification
You have the right to have your personal data corrected if it is inaccurate or incomplete.
If SWH Surveys has disclosed your personal data to third parties, we must then inform them of the rectification where possible, and inform you about the third parties to whom your data has been disclosed, if appropriate.
The right to erasure
This is known as the “right to be forgotten”, and the principle underpinning this right is to enable an individual to request the deletion or removal of personal data where there is no compelling reason for its continuing processing. Some requests, however, can be refused for specific reasons as set out on the ICO.org.uk website. We may also have to retain some basic details to ensure we do not start processing your data again, should it be provided to us through a purchase of data.
The right to restrict processing
You have the right to “block” or suppress processing of personal data, i.e. request not to be contacted for marketing or information dispersal. In this case, your data would be retained to ensure that the restriction is respected in future.
The right to data portability
This right allows individuals to obtain and reuse their personal data for their own purposes across different services, i.e. to move, copy or transfer personal data from one IT environment to another in a safe and secure way (an example would be a bank allowing you to access your personal online banking data and then upload it to a price comparison website to compare and identify your best value banking options).
The right to object
Individuals have a right to object (on “grounds relating to his or her particular situation”) to:
- processing of their data based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
direct marketing (including profiling); and
- processing for purposes of scientific/historical research and statistics.
If you wish to discuss/request any of the above rights, please email the Data Protection officer on email@example.com
How can you access the personal information we hold about you?
If you would like to see the data we hold about you, you can submit a subject access request by emailing firstname.lastname@example.org. As long as your request is not manifestly unfounded or excessive, we will provide you with this information free of charge, within 30 days of receipt of your written request.
However, we reserve the right to make a charge if providing this data requires we retrieve data from backups or storage facilities. We may request proof of identity before we release the data to you.
Cookies in themselves do not personally identify users, although they do identify a user’s computer.
Our web-servers may automatically store the following Information about you: your ISP, your IP address, your web browser type and version, the number of colours your screen is displaying, your operating system, the URL you clicked to get to the Website, time/ date, HTTP accept string (e.g. mime data types that the browser accepts), the locale setting of the computer/ browser and all other data made available by your browser and this Information is used to make the Website operate more efficiently.
You do not have to provide any information in order to use the Website.
How to disable cookies in your browser.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Use of information
We use the information we collect to provide you information about our products, offers and services, to deliver to you advertisements, offers or other content tailored to your interests, and to conduct other SWH Surveys business operations. The following are examples of how we may use the information we collect:
- Provide the services requested.
- Answer your questions or respond to your requests.
- Develop new products and services.
- Process payment for purchases or other services.
- Protect against or identify possible fraudulent transactions.
- Send you email and/or postal messages with information about SWH Surveys services and other content we think may be of interest to you.
- Allow you to participate in social sharing on our websites.
- Analyse the use of, and develop our products, services and marketing.
- Enforce our Terms and Conditions and otherwise manage our business.
SWH Surveys will only process your information in pursuance of our legitimate interest if we receive any requests related to, for example, a product or service, a call-back, or specific marketing materials; we will use your personal information to fulfil your request. Where we need to manage your account and protect you against or identify possible fraudulent transactions, we will do so in accordance with our legal obligation placed on us under law. We will seek consent from you if we need to process your data for solely identified purposes.
To ensure meaningful consent is obtained from you, SWH Surveys will provide you with reasonable notice ensuring that your consent is provided on an informed basis.
We will use this personal information as follows:
- To supply goods and/or services as requested by you including such transfer of information to partners, employees, agents and third parties as required for this purpose.
- For internal administration purposes.
- To send information leaflet in relation to our services by post, and also occasional newsletters by post or email.
- To market services to you.
We store personal information on secure servers with access limited to authorised personnel, or on paper files which are kept in our secure offices. We will not release personal details to third parties unless this is necessary in order to fulfil our contracted duties (i.e. we may pass basic information to a Vendor’s agent in respect to a purchase of entitlements, etc.). We may also transfer Information as required to obtain legal advice, comply with legal requirements, protect its rights and property, and the safety of its employees, clients, suppliers and others.
You have the right to request SWH Surveys not to send such information or to pass information to third parties for such purposes. You can exercise that right by contacting email@example.com. You can specify whether you would be happy to continue to receive email or postal contact, or if you would prefer to receive neither.
Data protection rights
The Data Protection Act 1998 gives you certain rights including a right to request a copy of your Information and to have inaccurate Information corrected (a “subject access request”).
We may request proof of identity before we will release the information to you which we will supply within 30 days. We have the right to refuse this request if we consider it is manifestly unfounded or excessive. You have the right to submit a complaint to the Information Commissioner’s Office (ICO.org.uk) if you feel we have not treated your request fairly.
For more information on data protection legislation and related matters please visit the Information Commissioner’s website at www.ico.org.uk.
Jurisdiction and applicable law
Summary of terms
Web Server: A Server that delivers web pages to your computer.
Browser: A software application (e.g. Microsoft Internet Explorer or Netscape Navigator) used to locate and display Web pages.
IP (Internet Protocol): All networks connected to the Internet speak IP, the technical standard that allows data to be transmitted between two devices.
TCP/IP (Transmission Control Protocol/Internet Protocol) is responsible for making sure messages get from one host to another and that the messages are understood.
Want to know more?
If you remain concerned about information disclosure or have any questions about this Privacy Statement, this website or your dealings with SWH Surveys you can contact us via e-mail on this site or by writing us at the following address:
3 Portland Place, Penrith, Cumbria, CA11 7QN
Tel: (01768) 867 243