Privacy Notice

1. Important Information and Who We Are

This privacy notice gives you information about how Elmsdale Estates Limited (trading as West One Lettings) collects and uses your personal data through your tenancy application.

Controller

Elmsdale Estates Limited of 11 Broomgrove Road, Sheffield, England, S10 2LW with CRN: 03911980 is the controller and responsible for your personal data (referred to as “West One Lettings”, “we”, “us” or “our” in this privacy notice). We are registered with the ICO under registration reference ZA628144.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy policy, including any requests to exercise your legal rights (paragraph 9), please contact the DPO using the information set out in the contact details section (paragraph 9).

2. The Types of Personal Data We Collect About You

Personal data means any information about an individual from which that person can be identified. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first and last name (tenants, prospective tenants, guarantors, next of kin, friends stayed with), date of birth, national insurance number, nationality, marital status, relationship to other prospective tenants, employment status, name of university or college (if applicable), length of employment and payroll number.
• Contact Data includes email address, telephone number, postal address (including current and previous addresses, employer contact details and next of kin contact details).
• Financial Data includes rent, deposit and other tenancy payment obligations, salary information (including regular overtime and commission), bank account details (including account number and sort code), details of any hire purchase agreements, loans, credit cards or store cards, government benefits eligibility or benefit status and utility and service responsibilities.

How is your personal data collected?

We use different methods to collect data from and about you, including through your interactions with us. You may give us your personal data by corresponding with us by post, phone, email, digital forms or otherwise. This includes personal data you provide when you apply for a tenancy with us.

3. How We Use Your Personal Data

Legal Basis

The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:

• Performance of a contract with you: Where we need to perform the contract we are about to enter or have entered into with you.
• Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
• Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
• Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose.

Purposes for Which We Will Use Your Personal Data

We process personal information about our tenants and possible new tenants so we can provide residential accommodation. This includes:

4. Sharing Information With Others

We may need to share your personal data with the parties set out below for the purposes set out above. Depending on the circumstances, we may share information with:

• fellow housemates/tenants;
• other landlords;
• employers;
• educational institutions, universities and colleges;
• suppliers (including gas, electricity and water companies) and service providers;
• financial organisations (including banks);
• credit and tenant reference agencies;
• guarantor tenancy deposit schemes;
• debt-collection and tracing agencies;
• public and government bodies (including those who deal with benefits and council tax);
• contractors and repairers;
• letting and managing agents; and
• any future owner of the property.

This does not mean that we necessarily share information with all of the above, but we may do so if we need to. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

To make sure that council tax and utility and service bills (including water charges) are correctly collected, we share information with the relevant local authority and utility or service providers. We also share this information to make sure that bills are sent to the correct person and charges and debts can be collected. By law, in certain geographic areas we have to pass information about who lives in a property to water companies. In all other areas, although this is voluntary, we may pass this information on to water companies.

We do not transfer your personal data outside the UK.

5. Data Retention and Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see paragraph 9 below for further information.

6. Your Rights

You have a number of rights under data protection laws in relation to your personal data. You have the right to:

• Request a copy of your information (commonly known as a “subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction or removal of inaccurate information. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data in certain circumstances. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your right to object.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
  • If you want us to establish the data’s accuracy;
  • Where our use of the data is unlawful, but you do not want us to erase it;
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
  • You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

If you wish to exercise any of the rights set out above, please write to us or email our DPO at:

• Email: reception@cityestates.com
• Postal address: 11 Broomgrove Road, Sheffield, South Yorkshire, S10 2LW

No fee is usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure you have your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

7. Complaints

You have the right to make a complaint to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). However, before doing so please make sure you have first made your complaint to us at reception@cityestates.com or asked us for clarification if there is something you do not understand. The ICO will expect you to have done this before reviewing your complaint. Please contact us if you would like to make a complaint.

The Information Commissioner’s contact details are noted below:

England
Information Commissioner’s Office
Wycliffe House, Water Lane
Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113
Email: casework@ico.org.uk

Scotland
The Information Commissioner’s Office – Scotland
Queen Elizabeth House, Sibbald Walk
Edinburgh, EH8 8FT
Telephone: 0303 123 1115
Email: Scotland@ico.org.uk

Wales
Information Commissioner’s Office
2nd Floor, Churchill House
Churchill Way
Cardiff, CF10 2HH
Telephone: 0330 414 6421
Email: wales@ico.org.uk

Northern Ireland
The Information Commissioner’s Office – Northern Ireland
10th Floor, Causeway Tower
9 James Street South
Belfast, BT2 8DN
Telephone: 0303 123 1114
Email: ni@ico.org.uk

8. Changes to the Privacy Policy and Your Duty to Inform Us of Changes

We keep our privacy policy under regular review.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us, for example a new address or email address.

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