CALLAWAYS - OUR BUSINESS
We are Callaways Limited (Company Reg No 3921411). Our Registered Office is B1 Yeoman Gate, Yeoman Way, Worthing, West Sussex BN13 3QZ (referred to as "we" or "us" or "our"). We are the providers of the website www.callawaysestateagents.co.uk (referred to as the "Site"). Our VAT number is 247 3411 17. We are registered as a Data Controller with the Information Commissioner's Office with registration number ZZ6655354.
We provide this Site to advertise properties on line for our Vendors and Landlords.
A reference to "you" or "your" is a reference to a user of the Site or any of our services.
Data Protection Law will change on 25 May 2018
This notice sets out your rights under the new laws.
How we use your personal information
This privacy notice is to let you know how Callaways Limited will look after your personal information. This includes what you tell us about yourself, what we learn by having you as a customer, and the choices you give us about what marketing you want us to send you. This notice explains how we do this and tells you about your privacy rights and how the law protects you.
How the law protects you
Your privacy is protected by law. Data Protection law says that we are allowed to use personal information only if we have a proper reason to do so. This includes sharing it outside Callaways Limited. The law says we must have one or more of these reasons:
- To fulfil a contract we have with you, or
- When it is our legal duty, or
- When it is in our legitimate interest, or
- When you consent to it
This is the most straightforward basis for processing and covers a lot of what we do as an estate agency – sales, valuations, viewings, lettings, property management and so on. We cannot do any of this without personal data. This is largely unchanged from the Data Protection Act 1998. We can rely on this basis if we need to process your data where the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract. We cannot use your data to do something unrelated to the contract.
2. Legal Obligations
As an estate agency, we have a number of legal obligations which are laid down in statute – these may include:
Passing data to HMRC to comply with payroll obligations for employees
Submitting a Suspicious Activity report to the National Crime Agency
Performing AML and Right to Rent checks
In these examples, the purpose of processing personal data is to comply with the law.
3. Legitimate Interests
Legitimate interests are when we can prove that we are using data in a way that an individual would expect and which would have a minimal privacy impact. These may include:
Passing data to tradesmen to carry out works on your behalf
Passing data to utility companies to ensure correct billing
The legitimate interest can be in terms of Callaways Limited interests or the interests of you, the individual. But even then, it must not unfairly go against what is right and best for you.
If you consent to your personal data being processed, then we are able to process it.
For your consent to be valid, there will be:
- Positive opt-in – no pre-ticked boxes or assumed consent through inaction
- Specific and granular – we need separate consent for separate things
- An easy option for you to withdraw consent at any time, by email, letter, or phone call
- Evidence of your consent held
In summary, consent must be freely given, and you will have genuine choice and be in control over how your data is used.
Where we collect personal information from:
- Documents provided by you
- Callaways forms completed by yourselves
- Referencing Companies
- References eg previous landlords, employer etc
- Conversations, telephone calls and emails we exchange with you
- When you use our website and mobile device apps
- Customer surveys
- Payment and transaction data
- Government offices
Data from third parties we work with:
- Financial advisors
- Credit reference agencies
- Social networks
- Fraud prevention agencies
- Payroll service providers
- Public information sources, such as Companies House and Land Registry
- Government and law enforcement agencies
Who we share your personal information with
We may share your personal information with these organisations:
- Credit reference agencies
- HM Revenue and Customs, Regulators and other authorities
- Fraud prevention agencies
- Financial advisors
- Insurance brokers
- Utility providers
- Callaways approved contractors
- Companies you ask us to share your data with
Fraud Prevention Agencies (FPAs)
We may need to confirm your identity before we can provide products or service to you. We will also share your personal information as needed to help detect fraud and money laundering risks. We use FPAs to help us with this. Both we and FPAs can only use your personal information if we have a proper reason to do so. It must be needed either for us to obey the law, or for a legitimate interest.
We may also share your personal data if the structure of Callaways Limited changes in the future. We may choose to sell, transfer or merge parts of our business or our assets. Or we may seek to acquire other businesses or merge with them. During any such process, we may share your data with other parties. We will only do this if they agree to keep your data safe and private and hold in accordance to current GDPR regulations.
If you choose not to give personal information
We may need to collect personal information by law or to enable us to fulfil our contract with you.
If you choose not to give us the personal information, it may delay or prevent us from meeting our obligations. It may also mean we cannot fulfil our contract with you.
We may use your personal information to let you know about relevant services and opportunities. This is what we mean by marketing.
We can only use your personal information to send you marketing messages if we have your explicit consent.
You can ask us to stop sending you marketing messages by contacting us at any time.
How long we keep personal information
We will keep your personal information as long as there is a contract in place. After the contract ceases we may keep your data for up to 6 years to comply with current legislation. However, in certain circumstances, we may keep your data for a longer period for the reasons below:
- To respond to questions or complaints
- To show that we treated you fairly
- To maintain records in accordance with current legislation
- To defend legal actions
How to get a copy of your personal information
You may access your personal information we hold by writing to us at this address:
B1, Yeoman Gate
We may charge a small administration fee and postage for this.
Letting us know if your personal information is incorrect
You have the right to question any information we hold about you that you think is wrong or incomplete. Please contact us if you wish to do this.
What if you want to stop us using your personal information
You have the right to object to our use of your personal information or ask us to delete, remove, or stop using your personal information if there is no need for us to keep it. This is known as the ‘right to object,’ ‘right to erasure,’ or ‘right to be forgotten.’ There may be a legal or contractual reason why we need to keep your data.
We may sometimes be able to restrict the use of your data. This means that it can only be used for certain things such as legal claims or to exercise legal rights. In this situation, we would not use or share your information in other ways while it is restricted.
You can ask us to restrict the use of your personal information if:
- It is not accurate
- It has been used unlawfully but you do not want us to delete it
- It is not relevant anymore but you want us to keep it for use in legal claims
- You have already asked us to stop using your data but you are waiting for us to tell you if we are allowed to keep on using it.
If you want to object to how we use your data, or ask us to delete it or restrict how we use it, please contact us.