Contents
Mavor&Company is committed to ensuring the secure and safe management of data held by us in relation to customers, staff and other individuals. Our staff members have a responsibility to ensure compliance with the terms of this policy and to manage individuals’ data in accordance with the procedures outlined in this policy and documentation referred to herein.
We need to gather and use certain information about individuals. These can include customers (tenants, landlord clients etc.), employees and other individuals that we have a contractual relationship with. We manage a significant amount of data, from a variety of sources. This data contains “personal data” and “sensitive personal data” (known as “special categories of personal data” under the GDPR).
This policy sets out our duties in processing that data, and the purpose of this policy is to set out the procedures for the management of such data.
It is a legal requirement that we process data correctly; we must collect, handle and store personal information in accordance with the relevant legislation.
The relevant legislation in relation to the processing of data is:
3.1 We hold a variety of data relating to individuals, including clients, landlords, tenants and employees (also referred to as “data subjects”) which is known as personal data. The personal data held and processed by us is detailed within the various “fair processing notices” (FPN) at Appendix 1, 2 and 3 hereto and the “employees data protection clause” of the terms and conditions of employment which has been provided to all employees and is detailed in Appendix 1.
3.1.1 Personal data is that from which a living individual can be identified either by that data alone or in conjunction with other data held by us.
3.1.2 We also hold personal data that is sensitive in nature (i.e. reveals a data subject’s racial or ethnic origin, religious beliefs, political opinions, or relates to health or sexual orientation). This is special category of personal data or sensitive personal data.
We are permitted to process personal data on behalf of data subjects provided it is doing so on one of the following grounds;
processing with the consent of the data subject (see clause 4.4 hereof);
processing is necessary for the performance of a contract between us and the data subject or for entering into a contract with the data subject;
processing is necessary for our compliance with a legal obligation;
processing is necessary to protect the vital interests of the data subject or another person; or
processing is necessary for the purposes of legitimate interests.
4.2 Fair processing notice
4.2.1 We have produced fair processing notices (FPN) which we are required to provide to all customers whose personal data is held by us. That FPN must be provided to the customer from the outset of processing their personal data and they should be advised of the terms of the FPN when it is provided to them.
4.2.2 The FPN at Appendix 1, 2 and 3 sets out the personal data processed by us and the basis for that processing. This document is provided to all our customers at the outset of processing their data.
4.3 Employees
4.3.1 Employee personal data and, where applicable, special category personal data or sensitive personal data, is held and processed by us. Details of the data held and processing of that data is contained within the employee Fair Protection Notice which is provided to all employees at the same time as their contract of employment, as well as the Addition to Employment Clause in Appendix 4. New employees from May 2018 will have this clause included within their contract.
4.3.2 A copy of any employee’s personal data held by us is available upon written request by that employee from Data Protection Coordinator Patricia Mavor.
4.4 Consent
Consent as a ground of processing will require to be used from time to time by us when processing personal data. It should be used by us where no other alternative ground for processing is available. In the event that we require to obtain consent to process a data subject’s personal data, we shall obtain that consent in writing. The consent provided by the data subject must be freely given and the data subject will be required to sign a relevant consent form if willing to consent. Any consent to be obtained by us must be for a specific and defined purpose (i.e. general consent cannot be sought).
4.5 Processing of special category personal data or sensitive personal data
In the event that we process special category personal data or sensitive personal data, we must do so in accordance with one of the following grounds of processing:
5.2.1 Personal data is from time to time shared amongst us and third-parties who require to process personal data that we process as well. Both us and the third-party will be processing that data in their individual capacities as data controllers.
5.2.2 Where we share in the processing of personal data with a third-party organisation and that data is not used for the normal business purposes of Mavor&Company as the data controller, we shall require the third-party organisation to enter in to a data sharing agreement (DSA) with us.
A data processor is a third-party entity that processes personal data on behalf of us and are frequently engaged if certain parts of our work is outsourced (e.g. payroll, maintenance and repair works).
All personal data held by us must be stored securely, whether electronically or in paper format.
6.1 Paper storage
if personal data is stored on paper it should be kept in a secure place where unauthorised personnel cannot access it. Employees should make sure that no personal data is left where unauthorised personnel can access it. When the personal data is no longer required it must be disposed of by the employee so as to ensure its destruction. If the personal data requires to be retained on a physical file then the employee should ensure that it is properly secured within the file (e.g. stapled) which is then stored in accordance with our storage provisions.
6.2 Electronic storage
personal data stored electronically must also be protected from unauthorised use and access. Personal data should be password protected when being sent internally or externally to our data processors or those with whom we have entered in to a data sharing agreement. If personal data is stored on removable media (CD, DVD, USB memory stick) then that removable media must be stored securely at all times when not being used. Personal data should not be saved directly to mobile devices and should be stored on designated drivers and servers.
7.1 A data breach can occur at any point when handling personal data and we have reporting duties in the event of a data breach or potential breach occurring. Breaches which pose a risk to the rights and freedoms of the data subjects who are the subject of the breach require to be reported externally in accordance with clause 7.3 hereof.
7.2 Internal reporting
We take the security of data very seriously and in the unlikely event of a breach will take the following steps:
7.3 Reporting to the ICO
The DPC is required to report any breaches which pose a risk to the rights and freedoms of the data subjects who are the subject of the breach to the ICO within 72 hours of the breach occurring. The DPC must also consider whether it is appropriate to notify those data subjects affected by the breach.
8.1. The data protection coordinator (DPC) is an individual who has an over-arching responsibility and oversight over compliance by us with data protection laws. The DPC details are noted are contained within the FPN.
8.2 The DPC will be responsible for:
8.2.1 Monitoring our compliance with data protection laws and this policy;
8.2.2 co-operating with and serving as our contact for discussions with the ICO;
8.2.3 reporting breaches or suspected breaches to the ICO and data subjects in accordance with part 7 hereof.
9.1 Certain rights are provided to data subjects under the GDPR. Data subjects are entitled to view the personal data held about them by us, whether in written or electronic form.
9.2 Data subjects have a right to request a restriction of processing their data, a right to be forgotten and a right to object to our processing of their data. These rights are notified to our customers in our FPN.
9.3 Subject access requests
Data subjects are permitted to view their data held by us upon making a request to do so (a subject access request). Upon receipt of a request by a data subject, we must respond to the subject access request within one month of the date of receipt of the request. We:
9.3.1 must provide the data subject with an electronic or hard copy of the personal data requested, unless any exemption to the provision of that data applies in law;
9.3.2 where the personal data comprises data relating to other Data subjects, must take reasonable steps to obtain consent from those data subjects to the disclosure of that personal data to the data subject who has made the subject access request; or
9.3.3 where we do not hold the personal data sought by the data subject, must confirm that we do not hold any personal data sought by the data subject as soon as practicably possible, and in any event, not later than one month from the date on which the request was made.
9.4 The right to be forgotten
9.4.1 A data subject can exercise their right to be forgotten by submitting a request in writing to us seeking that we erase the data subject’s personal data in its entirety.
9.4.2 Each request received by us will require to be considered on its own merits and legal advice will require to be obtained in relation to such requests from time to time. The DPC will have responsibility for accepting or refusing the data subject’s request in accordance with this clause and will respond in writing to the request.
9.5 The right to restrict or object to the processing
9.5.1 A data subject may request that we restrict our processing of the data subject’s personal data, or object to the processing of that data.
9.5.1.1 In the event that any direct marketing is undertaken from time to time by us, a data subject has an absolute right to object to processing of this nature by us, and if we receive a written request to cease processing for this purpose, then we must do so immediately.
9.5.2 Each request received by us will require to be considered on its own merits and legal advice will require to be obtained in relation to such requests from time to time. The DPC will have responsibility for accepting or refusing the data subject’s request in accordance with clause 9.5 and will respond in writing to the request.
We shall:
10.3 We will require to consult the ICO in the event that a PIA identifies a high level of risk which cannot be reduced. The DPC will be responsible for such reporting, and where a high level of risk is identified by those carrying out the PIA they require to notify the DPC within five (5) working days.
We cannot store and retain personal data indefinitely. We must ensure that personal data is only retained for the period necessary. We shall ensure that all personal data is archived and destroyed timeously and at the point that we no longer need to retain that personal data in accordance with the periods specified within the Appendix 6 Mavor & Company Retention Schedule.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features, to personalise your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:
To provide you with information requested from us relating to our products or services and to provide information on other products which we feel may be of interest to you if you have consented to receive such information.
To meet our contractual commitments to you.
To notify you about any changes to our Website, such as improvements or service/product changes, that may affect our service.
If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and only by those means you provided consent for.
If you do not want us to use your data for ourselves or third parties you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.
Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors such as your area of residence or age group.
Information that is collected is securely stored in compliance with the General Data Protection Regulation (GDPR) and is never shared with third parties. Your information will only be stored for as long as it is necessary to provide you with the service for which you require from us. Information will only be disclosed if we are legally obliged to do so in accordance with the law.
Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognise your browser and capture and remember certain information. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
Compile aggregate data about site traffic and site interactions to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies. If you turn cookies off, some features will be disabled. It won’t affect the user’s overall experience that make your site visit more efficient, although some functions may not work properly.
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
E-Newsletters:
We sometimes operate a newsletter program for which you can subscribe on our website. You can unsubscribe at anytime by following the ‘unsubscribe’ link at the bottom of the newsletter, after which your details will be removed from our newsletter database.
Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the General Data Protection Regulation (GDPR). No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website.
We have implemented the following:
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Social Media:
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate/engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Contacting Us:
We welcome any queries, comments or request that you may have regarding our service or this policy. Please do not hesitate to contact us.
Appendix 1 – Fair Processing Notice – Employees
This notice explains what information we collect, when we collect it and how we use this. During the course of our activities, we will process personal data (which may be held on paper, electronically, or otherwise) about you and we recognise the need to treat it in an appropriate and lawful manner. The purpose of this notice is to make you aware of how we will handle your information.
We are notified as a data controller with the Information Commissioner’s Office under registration number ZA289085 and we are the data controller of any personal data that you provide to us.
We collect and use the above information and personal data for:
If you would like to exercise any of your rights or should you wish to complain about the use of your information, please contact our data processing coordinator Patricia Mavor email; pat@mavorproperty.co.uk in the first instance.
You also have the right to complain to the ICO in relation to our use of your information. The ICO’s contact details are noted below:
The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone: 0131 244 9001
Email: Scotland@ico.org.uk
The accuracy of your information is important to us – please help us keep our records
updated by informing us of any changes to your details.
Any questions relating to this notice and our privacy practices should be sent to our data protection coordinator Patricia Mavor email: pat@mavorproperty.co.uk.
Appendix 2 – Fair Processing Notice – Landlords
This notice explains what information we collect, when we collect it and how we use this. During the course of our activities we will process personal data (which may be held on paper, electronically, or otherwise) about you and we recognise the need to treat it in an appropriate and lawful manner. The purpose of this notice is to make you aware of how we will handle your information.
Who are we?
Mavor&Company take the issue of security and data protection very seriously and strictly adhere to guidelines published in the Data Protection Act of 1998 and the General Data Protection Regulation (EU) 2016/679 which is applicable from the 25 May 2018, together with any domestic laws subsequently enacted.
We are notified as a data controller with the Information Commissioner’s Office (ICO)
under registration number ZA289085 and we are the data controller of any personal data that you provide to us.
How we collect information from you and what information we collect
We collect information about you:
We collect the following information about you:
We receive the following information from third parties:
Why we need this information about you and how it will be used
We need your information and will use your information:
Sharing of your information
The information you provide to us will be treated by us as confidential and will be processed only by our employees within the UK/European Economic Area (EEA). We may disclose your information to other third parties who act for us for the purposes set out in this notice or for purposes approved by you, including the following:
Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
Security
When you give us information we take steps to make sure that your personal information is kept secure and safe. For further information please refer to our Privacy Policy, a copy of which is available on request.
Our Privacy Policy is also available at www.mavorproperty.co.uk
How long we will keep your information
We review our data retention periods regularly and will only hold your personal data for as long as is necessary for the relevant activity, or as required by law (we may be legally required to hold some types of information), or as set out in any relevant contract we have with you. For further information please refer to our Retention Schedule, a copy of which is available on request.
Your rights
You have the right at any time to:
If you would like to exercise any of your rights above or should you wish to complain about the use of your information, please contact our data protection coordinator Patricia Mavor email: pat@mavorproperty.co.uk in the first instance.
You also have the right to complain to the Information Commissioner’s Office (ICO) in relation to our use of your information. The ICO’s contact details are noted below:
The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone: 0131 244 9001
Email: scotland@ico.org.uk
The accuracy of your information is important to us – please help us keep our records updated by informing us of any changes to your email address and other contact details.
Any questions relating to this fair processing notice and our privacy practices should be sent to our data protection coordinator Patricia Mavor email: pat@mavorproperty.co.uk
Appendix 3 – Fair Processing Notice – Tenants
This notice explains what information we collect, when we collect it and how we use this. During the course of our activities we will process personal data (which may be held on paper, electronically, or otherwise) about you and we recognise the need to treat it in an appropriate and lawful manner. The purpose of this notice is to make you aware of how we will handle your information.
Who are we?
Mavor&Company take the issue of security and data protection very seriously and strictly adhere to guidelines published in the Data Protection Act of 1998 and the General Data Protection Regulation (EU) 2016/679 which is applicable from the 25 May 2018, together with any domestic laws subsequently enacted.
We are notified as a data controller with the Information Commissioner’s Office (ICO) under registration number ZA289085 and we are the data controller of any personal data that you provide to us.
How we collect information from you and what information we collect
We collect information about you:
We collect the following information about you:
We receive the following information from third parties:
Why we need this information about you and how it will be used
We need your information and will use your information:
Sharing of your information
The information you provide to us will be treated by us as confidential and will be processed only by our employees within the UK/European Economic Area (EEA). We may disclose your information to other third parties who act for us for the purposes set out in this notice or for purposes approved by you, including the following:
Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
Security
When you give us information we take steps to make sure that your personal information is kept secure and safe. For further information please refer to our Privacy Policy, a copy of which is available on request.
Our Privacy Policy is also available at www.mavorproperty.co.uk
How long we will keep your information
We review our data retention periods regularly and will only hold your personal data for as long as is necessary for the relevant activity, or as required by law (we may be legally required to hold some types of information), or as set out in any relevant contract we have with you. For further information please refer to our Retention Schedule, a copy of which is available on request.
Your rights
You have the right at any time to:
If you would like to exercise any of your rights above or should you wish to complain about the use of your information, please contact our data protection coordinator Patricia Mavor email: pat@mavorproperty.co.uk in the first instance.
You also have the right to complain to the Information Commissioner’s Office (ICO) in relation to our use of your information. The ICO’s contact details are noted below:
The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone: 0131 244 9001
Email: scotland@ico.org.uk
The accuracy of your information is important to us – please help us keep our records updated by informing us of any changes to your email address and other contact details.
Any questions relating to this fair processing notice and our privacy practices should be sent to our data protection coordinator Patricia Mavor email: pat@mavorproperty.co.uk
Appendix 4 – Addition to Employment Clause
We hold information about you on your personnel file. You are entitled to access this file and other information that we hold about you, subject to certain restrictions imposed by law. The Fair Processing Notice for Employees which has been provided to you confirms what personal information we hold which we have obtained from you or from third parties.
Our Privacy Policy contains further details regarding data protection matters, and the handling of personal data. By signing this Addition to Employment Contract you confirm that you have read and understood our Privacy Policy and will comply with the terms of that Policy. A copy of our Privacy Policy is available on request.
We may also require to process sensitive personal data of yours. Any sensitive personal data we process to comply with our obligations as your employers and/or your vital interests is outlined within the Fair Processing Notice for Employees. We will seek to obtain your consent to process any additional sensitive personal data of yours that we wish to process.
Appendix 5 – Data Processing Agreement
Mavor & Company, the Data Controller require, pursuant to or in connection with the Principal Agreement/Contract (whether written, specific or implied), we have with you as the Data Processor detailed below:
that you are compliant with the General Data Protection Regulation 2016/679, and any subsequently enacted legislation in furtherance of Data Protection.
Within this document, we state what we require of you as the Data Processor in order to be compliant. Should you have any questions regarding the contents of this document, you should contact the person in your organisation that has overall responsibility for data protection.
Appendix 6 – Retention Schedule
Recommended Statutory Retention Periods
Accident books, accident records/reports
3 years from the date of the last entry (or, if the accident involves a child/ young adult, then until that person reaches the age of 21).
Statutory authority: The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) (SI 1995/3163) as amended, and Limitation Act 1980.
Accounting records
Not less than 3 years after the end of the financial year to which they relate.
Statutory authority: The Income Tax (Employments) Regulations 1993 (SI 1993/744) as amended, for example by The Income Tax (Employments) (Amendment No. 6) Regulations 1996 (SI 1996/2631).
Income tax and NI returns, income tax records and correspondence with HMRC
Not less than 3 years after the end of the financial year to which they relate.
Statutory authority: The Income Tax (Employments) Regulations 1993 (SI 1993/744) as amended, for example by The Income Tax (Employments) (Amendment No. 6) Regulations 1996 (SI 1996/2631).
Retirement Benefits Schemes – records of notifiable events, for example, relating to incapacity
6 years from the end of the scheme year in which the event took place.
Statutory authority: The Statutory Maternity Pay (General) Regulations 1986 (SI 1986/1960) as amended.
Statutory Maternity Pay records, calculations, certificates (Mat B1s) or other medical evidence.
3 years after the end of the tax year in which the maternity period ends.
Statutory authority: The Statutory Maternity Pay (General) Regulations 1986 (SI 1986/1960) as amended.
Wage/salary records (also overtime, bonuses, expenses)
Statutory retention period: 6 years.
Statutory authority: Taxes Management Act 1970.
National minimum wage records
3 years after the end of the pay reference period following the one that the records cover.
Statutory authority: National Minimum Wage Act 1998.
Records relating to working time
2 years from date on which they were made.
Statutory authority: The Working Time Regulations 1998 (SI 1998/1833).
Recommended Non-statutory Retention Periods
The UK Limitation Act 1980 contains a 6-year time limit for starting many legal proceedings. So where documents may be relevant to a contractual claim, it’s recommended that these are kept for at least a corresponding 6-year period.
Application forms and interview notes (for unsuccessful candidates)
Recommended retention period: 1 year
Inland Revenue/HMRC approvals
Recommended retention period: permanently
Personnel files and training records (including disciplinary records and working time records)
Recommended retention period: 6 years after employment ceases
Redundancy details, calculations of payments, refunds, notification to the Secretary of State
Recommended retention period: 6 years from the date of redundancy
Directors’ records
Recommended retention period: permanently for historical purposes.
Recommended Retention Periods relating to the letting and property management of residential property
Landlord records
Recommended retention period: 6 years after termination of contract
Tenant records
Recommended retention period: 6 years after termination of tenancy
Council tax records
Recommended retention period: 6 years
Prospective tenants records
Recommended retention period: 1 month
Housing benefit information
Recommended retention period: duration of tenancy
Anti-social behaviour case files
Recommended retention period: 6 years or end of legal action
Contractors’ records
Recommended retention period: 6 years after termination of contract