Who we are
K Allan Properties is a company registered in the United Kingdom under company number SC705066 registered office, Watergate House, Watergate, Kirkwall, Orkney, KW15 1PD collects, uses and is responsible for certain personal information about you. When we do so we are regulated under English data protection law and under the European Union’s General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.
The personal information we collect and use
Information collected by us
We are estate agents. In the course of providing property sales, letting and property management services we may collect the following personal information which our clients need to provide in order to enjoy our services:
Personal property requirements
Current and previous addresses
Email addresses (or other applications for online correspondence)
Proof of identity e.g. passport information, driving licence information
Financial information, including tax
Details of related parties
Proof of residence and previous residences
Personal habits e.g. smoker/non-smoker
Information collected from other sources
We also may obtain personal information from:
Publicly accessible websites such as the Land Registry and the electoral roll
Reference, including credit reference, agencies
Lettings services agencies
Solicitors acting on your transactions
Other similar organisations
How we use your personal information
We use your personal information to:
Provide you with our services and fulfil our obligations to you in relation to the buying, selling, letting and managing of properties in accordance with our terms of business Verify your identity and your financial circumstances with third parties Contact reference agencies for the purpose of preventing and detecting crime, fraud and money laundering Engage third parties to provide you with additional services in relation to Services Contact solicitors engaged by you and/or the other parties to transactions you are engaged in Introduce you to our preferred mortgage broker, in the event that you are seeking funding for a purchase Provide you with information about properties and that part of the property market which you are interested in Provide any prospective purchaser of our business with details of our business (provided they agree to only use your personal information under the same terms as we do) Provide you with marketing information about our services which our similar to those in relation to which you have engaged us. You may opt out of receiving this at any time. Monitor and improve our Services and ensure the provision of our Services is secure.
Who we share your personal information with
We do not routinely share your personal data with anyone. We do, however, provide some of your data to third parties in order to deliver the Services to you. These third parties include landlords if you are a prospective tenant and prospective tenants if you are a landlord, sellers if you are a buyer, buyers if you are a seller, reference agencies, solicitors if you are engaged in a transaction, property maintenance companies, mortgage advisers, utility companies, block management and deposit protection scheme businesses, marketing agents and insurers. This information exchange enables us to provide you with the Services and to add value to our Services. All third parties involved in such exchange have provided us contractual guarantees that they will comply with data protection law.
Some Landlords may be based outside the European Economic Area — for further information including on how we safeguard your personal data when this occurs, see ‘Transfer of your information out of the EEA’ (below).
We will share personal information with law enforcement or other authorities if required by applicable law.
We will not share your personal information with any other third party, unless you expressly authorise us so to do.
Whether information has to be provided by you, and if so why
The provision of personal data by you is necessary to enable us to provide you with the Services. We will inform you at the point of collecting information from you whether you are required to provide the information to us.
How long your personal information will be kept
We will hold your personal data for as long as it is needed for us to provide you with the Services or for the period we are required to retain this information by applicable law (currently up to 6 years), whichever is the longer. We may decide information needs to be kept for longer, in which case we will ask for your permission.
Reasons we can collect and use your personal information
We primarily rely on our contractual obligations to you and/or the pursuit of our legitimate interest as the lawful basis on which we collect and use your personal data. Our legitimate interests are providing you with selling, buying, letting or property management services.
We also rely on our legal obligations as a lawful basis for processing where certain legislation requires us to collect or store certain information for compliance purposes.
We rely on consent and/or the pursuit of our legitimate interest in the context of email, postal and other marketing.
In limited circumstances we may also rely on the need to protect your interests (or those of a third party) and/or where processing is in the public interest or for official purposes.
Where we process special category personal information, we will only do so with your explicit consent.
Transfer of your information out of the EEA
In some circumstances your personal information may be transferred or stored abroad. We may transfer your personal information to Landlords located outside the European Economic Area (EEA): If you are a prospective tenant of a property owned by them in order to facilitate the letting to you of that property. Such countries may not have the same data protection laws as the United Kingdom and EEA.
To ensure protection, we undertake that any transfer of your personal information will be subject to appropriate safeguards within the meaning of the General Data Protection Regulation, and where required, certain contractual undertakings, unless any of the derogations from the general rules apply.
If you would like further information please contact us (see ‘How to contact us’ below). We will not otherwise transfer your personal data outside of the United Kingdom or to any organisation (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
Under the General Data Protection Regulation you have a number of important rights available to you free of charge. In summary, those include rights to:
the fair processing of information and transparency over how we use your use personal information
access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
require us to correct any mistakes in your information which we hold
require the erasure of personal information concerning you in certain situations
receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations object at any time to processing of personal information concerning you for direct marketing
object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
object in certain other situations to our continued processing of your personal information
otherwise restrict our processing of your personal information in certain circumstances
claim compensation for damages caused by our breach of any data protection laws
withdraw your consent to processing when processing is based on consent
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please email, (see how to below);
let us have enough information to identify you (eg name and property details);
let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
let us know the information to which your request relates.
If you would like to unsubscribe from any email newsletter you can also click on the ‘unsubscribe’ button at the bottom of it. It may take up to 7 days for this to take place.
Keeping your personal information secure
We have appropriate technical and organisational security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to complain
You can contact us directly at the email below and hope that we can resolve any query or concern you raise about our use of your information.
The General Data Protection Regulation also gives you 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 any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 01856 876377.
This privacy notice was published on 02 December 2019.
We may change this privacy notice from time to time. When we do we will inform you via Email.
The ownership structure of K Allan Properties Limited may change over time. In such case your information may be transferred to any successor entities, unless you object. If this ever happens, you will receive a prior notification.
How to contact us
Please contact K Allan Properties if you have any questions about this privacy notice or the information we hold about you.
If you wish to contact us please send an email to email@example.com.