This statement explains the privacy and the data protection practices which apply to Burkmar Limited
Who is the Data Controller?
The data controller is Burkmar Limited– hereafter “Burkmar Estate Agents ”, “we”, “us” – aim to provide our customers and clients with the best possible safe and secure service. We are committed to protecting and respecting your privacy. We use the personal information you share with us to tailor our services to your requirements and to provide the best possible user experience when dealing with our staff or when using our company website www.burkmars.co.uk (hereafter “website”). Our “Services” include property sales and commercial Lettings; Land and New Homes; (Hereafter these are collectively known as our “Services”). For the purpose of the Data Protection Act 1998 (the Act) and the General Data Protection Regulation (GDPR), the Data Controller is “Burkmar Limited”, registered company No. 04675549 and our registered address – Anchor House, 96 High Street, Lymington, Hampshire SO41 9AP.
By engaging the services of Burkmars Estate Agents, or by visiting our website, you are accepting and consenting to the practices described in this policy.
What Personal information do we collect about you?
“Personal information” is any information that relates to you and identifies you personally, either alone or in combination with other information available to us. We may collect and process the following personal information about you:
Information that you provide by: – filling in forms on our websites, third party websites and portals which send information to us, in person via our branch, via telephone calls, emails, live web chat, and social media. This information can include, but is not limited to, personal information (name, address, email address and telephone number); that you disclose when agreeing to register as an applicant or enter in to a transactional relationship with us. Information required to help us ensure our staff are safe when attending external appointments such as viewings and market appraisals; for example, contact details for the client or customer, including a residential address in the UK.
Information to enable us to tailor our marketing and communications to you, based on your personal preferences, such as the types of service you are looking for, the location of your search area, the budget you are willing to spend etc. (hereafter “criteria”). If you contact us, we may keep a record of that correspondence and ask for information if you report an issue with our services. When you visit or otherwise access our website, details including but not limited to: –
information about the device and browser (hereafter “device”) you are using to access the website e.g. type, version, operating system, etc., traffic data including the URL of the website that referred you to our website if applicable, location data including geolocation (this can be explicitly controlled in your Device), weblogs and other communication data, the resources that you access including social media interaction. your IP (Internet Protocol) address, the date and time of the visit and how long you remained on our Website, the pages visited on our Website and interactions performed,
You consent to any information concerning you which we collect, and process, being used, stored and processed in accordance with this policy.
How do we use your personal information?
The personal information we collect when you first contact us will be used for identification and authentication purposes in addition to creating a profile for you with the information needed to provide you with our relevant products or services. We use and analyse this personal information where necessary for the following purposes detailed below:
Improving our products and services: we will use your personal information to build a profile on you in order to understand your requirements, to improve our Website, as well as to personalise the properties and services we offer you. We process your personal information in this way as it is necessary for the purposes of our legitimate interests in providing better products and services for you and our other customers.
Processing your transaction: we use relevant personal information described above (including your name, address) to enable us to complete a transaction with you when you are using any of our services. This information may require to be passed on to third parties, including but not limited to solicitors, surveyors, financial advisors etc.
Preventing fraud: we will also use your personal information to assess your creditworthiness (in the case of buying or renting a commercial property) and to prevent fraud. For this purpose, we may need to share your personal information with our referencing providers and/or solicitors (see “how we share your personal information” below). This is necessary for the purposes of our legitimate interests in ensuring we are not the victim of fraud and to protect our legal rights.
To provide customer support: if you contact our team (or vice versa), we will use personal information such as your email address, phone number and residential address as well as your contact history to process your request and provide you with the best service possible. We will process your personal information in this way if it is necessary for the performance of a contract or if it is required for us to comply with any legal obligations. If it is not necessary to process your personal data for either of these reasons we will process it as it is necessary for the purposes of our legitimate interests in ensuring we can provide the best service possible.
Marketing: When you register your details with us for any of our services, or enter in to a transaction with us, provide feedback on our service online or use our Website; we will use your personal information to create a profile based on the information we hold about you. This is necessary for the purposes of our legitimate interests in ensuring we have accurate information about you in one place. We create your profile in accordance with your preferences in order to provide you with the best personalised experience, to send you relevant and personalised information, property updates, service information and for opinion research purposes. Below you can find a more detailed description of the ways in which we will use your personal information for these purposes.
Website user experience: if you are logged in to your clients Account on our Website we may alter the way the website works to improve and/or enhance the information displayed to you, or to optimise the way you interact with the Website. We may show personalised content based upon your previous interactions with the website.
What kind of information?
The way you interact with us across all the different channels described above (e.g. our Website, social media and marketing messages we send you) and the information we collect in that regard from each of these channels provides us valuable information about your current circumstances and preferences. This insight gives us the opportunity to offer you the best customer service experience possible. To learn about you and your interests, we analyse your interactions with our company using various kinds of information, as set out above. If you have registered your details with us or engaged one of our services by entering into a transaction with us, or if we are permitted by law to send such communications without obtaining your consent, We use the information that you have provided to us when interacting with us for sending you personalised marketing messages about our products or services, events and promotions. In some instances, we will also aggregate your personal information with that of other individuals, to create comprehensive reports about how clients and customers use our products and services. This is necessary for the purposes of our legitimate interests in analysing our brand and determining how to improve our services.
What kind of channels?
We will send direct communications to you via the channel you choose, such as post, email, phone, or social media.
What kind of messages?
The messages we will send you will be personalised and tailored to your individual preferences and requirements. We use analytics in order to generate such personalised messages. These analytics will process your personal information and place you in categories, which determine the content of the messages you will receive from us. These direct marketing messages may contain information about our products and Services, events or promotions and other company news. We personalise these messages on the basis of that it is necessary for the purposes of our legitimate interests in ensuring that we provide the most appropriate information.
How do we share your personal information?
We treat your personal information with care and confidentiality and do not share it with third parties other than as set out below:
For the purpose of our legitimate business interests we may be required to share some of your personal information with, including but not limited to:
Solicitors/conveyancers, surveyors, financial/mortgage advisors, banks & lending institutions, local authorities, other estate agents in a chain, contractors and property maintenance services, utility companies and removal businesses.
Website Host and analytics platform providers including but not limited to Google Analytics, Google AdWords Remarketing & the Google Display Network.
We require that these service providers and other third parties adhere to strict rules when processing your personal information, including to only use your personal information in accordance with applicable laws.
With Legal and Law Enforcement – Burkmars Estate Agents will disclose personal information where required by law or legal process, for the administration of justice, to protect your vital interest, for investigations by law enforcement or regulatory bodies, to protect and defend Burkmar Estate Agents property and legal rights, to protect the personal safety of our website users or by order of a valid injunction from a court or law enforcement agency.
In Relation to business Interests – In the event that we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets. If Burkmars Estate Agents is, or all of its assets are, acquired by a third party, personal data held by us about our customers will be one of the transferred assets.
How long do we store your information for? The length of time we hold your information for will vary dependent on lawful basis for collecting and processing the data.
Burkmar Estate Agents will hold data supplied where there is a legitimate interest in doing so (such as where a client or customer has registered with us, expressing an interest in any of our Services such as buying, selling, letting or renting a commercial property through us) for a period of 2 years.
Where a transactional relationship has been entered into, and there is a contractual necessity to do so, or where there is a requirement to comply with regulatory or legal obligations (for example in order to comply with the requirements of The Property Ombudsman, HM Revenue and Customs Anti Money Laundering Regulations 2017) we will keep all personal information for a period of 7 Years
Storage – All information you provide to us is stored in the UK on our secure (password and firewall protected) servers and all paper based information is also securely stored in the UK. Unfortunately, the transmission of information via the internet is not completely secure and so we cannot guarantee the security of any data sent over the internet between your Device and our Website. Any such data transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access, as part of our secure backups and data disaster recovery procedures. By submitting your personal data to us, you agree to this transfer, storing or processing
Your rights – You have the right to ask us not to process your personal data for marketing purposes, to alter your preferences for the type of marketing content you receive (such as properties for sale, information about related services etc) or to alter the methods via which you receive marketing correspondence from us (i.e. via email, text, post or phone call). We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
You can also exercise the right to prevent such processing of your data at any time by contacting us at [email protected] or by following the links contained in our correspondence.
Third Parties – Our Website may, from time to time, contain links to and from the websites of our partners and third-party service providers. If you follow a link to any of these websites, please note that these websites may have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. Use of third party websites is at your own risk.
Access to and deletion of personal information – If you would like to know what personal information Burkmars Estate Agents holds about you, you may make a request to Burkmars Estate Agents for copies of this information. You should be aware that we will need to see proof of identity before processing any such request (known as a ‘subject access request’). If requested, Burkmar estate Agents will use reasonable efforts to supply, correct or delete information about you on file.
All subject access requests should be made in writing and addressed for the attention of The Data Controller, Burkmar Estate Agents, Anchor House, 96 High Street, Lymington, Hampshire, SO41 9AP.
In addition, you may write to us at any time requesting amendments to certain personal information that you consider to be incorrect or irrelevant or to request that we block, erase or otherwise remove your personal information (The Right to Erasure/The Right to be Forgotten).
You may also write to us at any time to object to our use of your personal information or request that we provide your personal information in a usable electronic format and transmit to a third party (Right to Data Portability). We will comply with these requests in relation to your personal information in line with applicable law.
Personal data breaches – In order to comply with applicable law, Burkmars Estate Agents has implemented procedures to detect, report and investigate personal data breaches. A data breach is defined by the Information Commissioner’s Office (ICO) as; “A breach of security leading to the destruction, loss, alteration, unauthorised disclosure or, or access to, personal data.” The ICO will be informed of all data breaches which present a high risk to our clients and customer’s rights and freedoms and in line with applicable law, a notifiable breach will be reported within 72 hours of us becoming aware of it. The individual(s) involved will also be informed.
CHANGES TO THIS POLICY – Burkmar Estate Agents has pledged to adhere to the fundamental principles of privacy and data protection. We therefore regularly review our privacy statement in order to ensure that it is free of errors and clearly visible on our Website, that it contains appropriate information about your rights and our processing activities, and that it is implemented and is compliant with applicable law. If we make significant changes to this privacy statement, we will inform you by posting a notification on our websites along with an updated version of the privacy statement.
Complaint Procedure – The General Data Protection Regulation also gives you the 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 the alleged infringement of data protection laws occurred. The UK supervisory authority is the Information Commissioner’s Office who can be contacted at https://ico.org.uk/concerns/.