Tully & Co is aware of its obligations under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 and is committed to processing your data securely and transparently. This privacy notice sets out, in line with the GDPR, the types of data that we collect and hold on you, either as a client of ours (current or former) or as an individual whose data we have collected in the conduct of our business. This privacy notice also sets out how we use that information, how long we keep it for and other relevant information about your data.
Data controller details
Tully & Co is the name of a partnership between Mazin Al-Baggou and Hazel Ramage.
Tully & Co is a data controller, meaning that it determines the processes to be used when using your personal data. Our address is 157 -159 Albert Road, Southsea, PO4 0JW.
Tully & Co are members of:
- The National Approved Letting Scheme (NALS)
- The National Association of Estate Agents (NAEA)
- The National Association of Letting Agents (ARLA)
- The Property Ombudsman Scheme (TPO)
As members of the above we abide by their codes of conduct for members. If you have a complaint which we are not able to resolve to your satisfaction you will be entitled to register a complaint with one of more of the above.
Data protection principles
In relation to your personal data, we will:
- Process it fairly, lawfully and in a clear, transparent way
- Collect your data only for legitimate reasons during the course of your engagement with us in the ways that have been explained to you
- Only use it in the way that we have told you about
- Ensure it is correct and up to date
- Keep your data for only as long as we need it
- Process it in a way designed to ensure it will not be lost, destroyed or used for anything that you are not aware of
Types of data we process
The types of data we hold about you may be provided by: you, any online platform used by you to access our property listings, credit reference agencies and your nominated referees and agents. This information may consist of the following:
- Your personal details including your name, address, email address, phone numbers
- Copies of your photographic identification
- Details of your employment and employer(s)
- Your banking details and financial records (including credit scores)
- Other details that you provide to us that is defined as personal information
How we collect your data
Where you are a Client of the Company, we collect data about you only as supplied by you when you instruct us to sell, let or manage your property. This data may include your:
- Postal Address
- Copies of personal identification
- Email address
- Telephone number
- Payment details
Further information will be collected directly from you as and when required in order for us to provide you with the required service. In some cases, with your permission, we will collect data about you from third parties, such as your solicitors or other nominated agents.
Where you are a guarantor, renter or purchaser (potential or actual) of one of our clients’ properties we may initially ask you for the following:
- Address (including previous addresses)
- Copies of personal identification
- National Insurance Number
- Proof of residence
- Proof of income (including bank statements etc)
- Email address
- Telephone number
Personal data is held securely on our IT systems which are password protected or in secure units in our offices. Access to the information is restricted to those at Tully & Co and only those (at Tully & Co) who require access to undertake their job and for us to provide the service.
Why we process your data
The law on data protection allows us to process your data for certain reasons only:
- In order to perform the contract that we are party to
- In order to carry out legally required duties
- In order for us to pursue the legitimate interests of Tully & Co or our Clients
- To protect your vital interests or those of another natural person
- Where something is done in the public interest
All of the processing carried out by us falls into one of the permitted reasons. We will need to collect your personal data in order to carry out the contract that we have entered into with our clients and to pursue both their and Tully & Co’s legitimate interests.
We also need to collect your data to ensure we are complying with legal requirements, including but not limited to:
- Any Tenancy Deposit Scheme terms and conditions;
- The Equality Act 2010
- The Money Laundering Regulations 2017
- The Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020
- The Protection of Harassment Act 1997
- The Bribery Act 2010 or any other applicable anti-corruption laws
Special Categories of Data
Special categories of data are data relating to your:
- Sexual Orientation
- Ethnic origin
- Political opinion
- Trade union membership
- Genetic and biometric data
We must process special categories of data in accordance with more stringent guidelines. Most commonly, we will process special categories of data when one or more of the following applies:
- you have given explicit consent to the processing
- we must process the data in order to carry out our legal obligations
- we must process data for reasons of substantial public interest
- the processing is necessary for the establishment, exercise or defence of legal claims
- you have already made the data public
If you do not provide your data to us
One of the reasons for processing your data is to allow us to carry out our duties in line with our contracts to our clients.
If, as a client, you do not provide us with the data needed to do this, we will be unable to perform those duties.
Where you are a guarantor, renter or purchaser (potential or actual) of one of our clients’ properties and you do not provide us with the information we require or prevent us from gathering the information about you which we require this may prevent us from communicating your offer to our clients or from properly advising our clients about your offer.
Sharing your data
Your data will be shared with colleagues within Tully & Co where this is necessary for them to undertake their duties. Your data may also be shared with our clients, legal representatives and their agents when you are a guarantor, renter or purchaser (potential or actual) of their property.
We do not share your data with bodies outside of the European Economic Area (apart from with your Landlord and/or his power of attorney).
We may share your data with the following:
- Utility providers
- Local authorities,
- Service providers (for example if you wished for us to arrange for the installation of an internet connection prior to a move in date)
- Tradespersons carrying out maintenance of inspections to the property
- Credit reference agencies and inventory providers
We may also share your data with third parties as part of a Company sale or restructure, or for any other reasons to comply with a legal obligation upon us.
Protecting your data
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against this.
Where we share your data with third parties, we have a written agreement with them to ensure that your data are held securely and in line with GDPR requirements. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
We have taken the following steps to protect the personal data of relevant individuals, which it holds or to which it has access:
- We appoint or employs individuals with specific responsibilities for processing and controlling of data and overseeing the effectiveness and integrity of all date that must be protected. We also have comprehensive reviewing and auditing of our systems and procedures.
- We provide its employees with information and training to make them aware of the importance of protecting personal data, to teach them how to do this, and to understand how to treat information confidentially.
- We can account for all personal data it holds, where it comes from, who it is shared with and also who it might be shared with.
- We carry out risk assessments as part of its reviewing activities to identify any vulnerabilities in its personal data handling and processing, and to take measures to reduce the risks of mishandling and potential breaches of data security. The procedures include assessment on us and misuse of data.
- We recognises the importance of seeking individuals’ consent (where appropriate) for obtaining, recording, using, sharing, storing and retaining their personal data, and regularly reviews its procedures for doing so, including the audit trails that are needed and are followed for all consent decisions.
- We understand that consent must be freely given, specific, informed and unambiguous.
- We will seek consent on a specific and individual basis where appropriate. Full information will be given regarding the activities about which consent is sought. Relevant individuals have the absolute and unimpeded right to withdraw that consent at any time.
- We have the appropriate mechanisms for detecting, reporting and investigating suspected or actual personal data breaches, including where these are caused by security breaches. It is aware of its duty to report breaches that cause significant harm to the affected individuals to the Information Commissioner and to the data subject, and is aware of the possible consequences.
- We understand the implications of the transfer of personal data internationally.
How long we keep your data for
In line with data protection principles, we only keep your data for as long as we need it ,in line with the GDPR and our internal policies.
We need to keep your data for the duration of any agreement or outstanding obligations under an agreement between us or between you and one of our clients. After these have been completed (for example a sale has concluded or a deposit has been returned after the conclusion of a tenancy) we shall attempt to only hold your data for a further 14 days, unless we are legally obliged to keep the records for longer, in which case we shall hold your personal information for no longer than 14 days beyond the period our legal obligation requires. Where necessary, if there is a legitimate interest in holding your information, it may be held up to 7 years.
Automated decision making
No decision which has a significant impact on you will be made solely on the basis of automated decision-making (where a decision is taken about you using an electronic system without human involvement).
Your rights in relation to your data
The law on data protection gives you certain rights in relation to the data we hold on you.
- The right to be informed. This means that we must tell you how we use your data, and this is the purpose of this privacy notice
- The right of access. You have the right to access the data that we hold on you. To do so, you should make a subject access request
- The right for any inaccuracies to be corrected. If any data that we hold about you is incomplete or inaccurate, you are able to require us to correct it
- The right to have information deleted. If you would like us to stop processing your data, you have the right to ask us to delete it from our systems where you believe there is no reason for us to continue processing it
- The right to restrict the processing of the data. For example, if you believe the data we hold is incorrect, we will stop processing the data (whilst still holding it) until we have ensured that the data is correct
- The right to portability. You may transfer the data that we hold on you for your own purposes
- The right to object to the inclusion of any information. You have the right to object to the way we use your data where we are using it for our legitimate interests
- The right to regulate any automated decision-making and profiling of personal data. You have a right not to be subject to automated decision-making in way that adversely affects your legal rights
Where you have provided consent to our use of your data, you also have the unrestricted right to withdraw that consent at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use. There will be no consequences for withdrawing your consent. However, in some cases, we may continue to use the data where so permitted by having a legitimate reason or legitimate interest for doing so.
If you wish to exercise any of the rights explained above, please contact Hazel Ramage at firstname.lastname@example.org
Making a complaint
The supervisory authority in the UK for data protection matters is the Information Commissioner (ICO). If you think your data protection rights have been breached in any way by us, you are able to make a complaint to the ICO.
Data Protection Officer
The Company’s Data Protection Officer is Hazel Ramage who can be can be contacted at email@example.com
"We wanted to thank you for all your help (and continued help) with us purchasing Festing Road. Jo and Gem"