Privacy

Privacy Notice

1. Introduction
2. Who we are
3. What personal information is covered in this privacy notice
4. What personal information we collect
5. When we collect
6. How we collect your personal information
7. How we use your personal information
8. Who we share your personal information with
9. How we keep your personal information secure
10. How long we keep your personal information for
11. Overseas transfers of your personal information
12. Your rights in relation to your personal information
13. How to contact us

Introduction

Philip Wooller is committed to ensuring that your privacy is protected. Our use of your personal information is governed by this Privacy Notice.

This Privacy Notice sets out the basis on which any personal data we collect from you will be processed by us.

Definitions

On this site, the phrases “Philip Wooller Ltd”,  “Philip Wooller”, “us”, “we” or “our” will mean that business, representative office, branch and applicable third parties on behalf of and in respect of whom this Privacy Notice is made.

Any reference to “you” or “your” refers to anyone whose personal information we process. 

If there are any changes to the way in which your personal information is used, this Privacy Notice will be updated. If we make substantial changes to our Privacy Notice we will update this information on our website, available at www.philipwooller.com 

1. Who we are

Philip Wooller Ltd is registered in England under company number 08064416.

Registered address 145 Askew Road W12 9AU. 

The ICO Registration number of Philip Wooller is ZB275653.

All data protection matters are handled by Philip Wooller.

Philip Wooller acts as a controller for the personal information that it collects and uses about you. We may also act as a processor in some instances and a subsidiary business. In all cases, we will treat your personal information as confidential and in accordance with applicable data protection legislation and your personal information will only be shared with others in accordance with this Privacy Notice.

The appropriate data controller (which determines the purpose and means of “processing” your personal information) will be the business which you have instructed and if you are in any doubt about the identity of the data controller in your case, you should ask your usual contact or representative or refer to any documentation we provide to you. 

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it, including:

2. What personal information is covered in this privacy notice

Personal data – this is any information that tells us something about you. This could include information such as name, contact details, date of birth, bank account details or any information about your needs or circumstances which would allow us to identify you.

Special Category data – this is information which is classified as “sensitive” under data protection legislation. Examples of which include; health data, religion or sexual orientation. There are also restrictions when we can collect and use criminal conviction data which will be set out to you should this be requested. This special category data requires us to have additional lawful bases under the Data Protection Act 2018 to collect, store and process. 

3. What personal information we collect

Personal contact data
What information we collect

• If you are buying, selling or letting a property through us; or looking to rent a property we are listing, we will collect your full name and necessary contact details (such as phone number, email address and address) from you whenever you engage with us.

Depending on the service we provide you (or on your behalf) we may also collect additional personal information as detailed below:

Personal identifiers
What information we collect

• Proof of identity to include, but is not limited to, passport, driving licence, and address documents. 
• Previous names, mother’s maiden name, previous addresses, health and family history, information about your status and dependents
• Your marital status, gender, date of birth, nationality and tax status
• Employment details, national insurance number, residential status, bank details and credit history
• We may also need to collect information on other individuals who have an interest in the property who are not considered to be our customers.
• Your move in and move out date and details of the deposit paid where you are a tenant when registering or releasing any deposit from a deposit protection scheme
• Facial recognition technology
• IP address, browser type, operating system, URL information, the time, date and duration of your visit to our website the sites from which you have come
• Communication and marketing preferences

Why we collect it

• To provide the services required for estate agency, land and new homes developments, auction, rental or lettings.
• To apply or inquire about services related to mortgage or protection products. 
• To offer alternative properties related to your search criteria.
• To carry out referencing and credit checks and the results of those checks.
• To enable you to create and manage any accounts or associated authentication criteria (such as ID logins and passwords) you may have.
• To provide customer surveys.
• To deliver client ID verification checks.
• To improve our services provided to customers through insight.
• To ensure we only send you details of products and services you are interested in through your preferred communication channel.

Property information
What information we collect

• Details relating to your property including photographs, floor plans, energy performance certificate ratings/ home reports, property description and survey results
• Photographs of your property, an inspection report and inventory, to record the condition of your property at the start or end of a tenancy
• Utility meter serial number and meter readings before a tenant moves into a property and when the tenant moves out

Why we collect it

• To provide the services required for estate agency, land and new homes developments, auction, rental or lettings.

Financial information
What information we collect

• Details of your mortgage arrangements, confirmation of how long you have owned the property and details of the source of monies invested in the property.
• Your bank account details or payment card information
• Proof that you have sufficient funds to support any offer that you may wish to make to buy a property.
• Financial information, for example, a copy of your bank statement or an agreement in principle from your mortgage provider
• Bank Statements, Mortgage Statement, Proof of deposit, Payslips and P60, Accounts, SA302s & SA100s, Tax Year Overviews, ID and proof of address, ASTs
• Evidence that you have the right to let a property
• Details of any mortgage or insurance, licensing documentation and service contracts which you have in place in relation to a property you wish to let

Why we collect it

• To perform ‘know your client’, anti-money laundering, and counter terrorist financing requirements and right to rent checks, as required by law.
• Processing payments and transactions including: Accounting, Authorisation, Clearing, Chargebacks, Auditing, Billing, Reconciliation, Collection, Credit Checks and related dispute resolution activities
• To ensure you are able to pay the required amount of deposit. To provide evidence of the source of funds you will be using to buy a property.
• Supporting your mortgage and/or insurance application.
• Where you are a landlord and we are providing you with letting services

Further information 

We may, during the course of your relationship with us, request additional information from you which is relevant to the provision of specific services.

Any telephone calls either to or from our customer service teams may be recorded for training, monitoring, compliance and security purposes.

4. When we collect

Where you engage us to provide estate agency services on your behalf either in branch, at your property, by telephone or by email

When you register an account on our website or use an online form to arrange a viewing, register for property alerts, request a valuation or lettings consultation or submit an enquiry

5. How we collect your personal information

Direct interactions – personal information you disclose when you fill in forms, surveys, or correspond with us by post, phone, email, web, social or otherwise; or through portals when you enquire about any of our services, products or promotions.

Indirect interactions – personal information you disclose to third parties such as, but not limited to payment service providers, data brokers or aggregators to match against our databases a list of which is available on request from the Data Protection Officer; or which is available through publicly available sources or registers such as Land Registry, Companies House, the Electoral Register, Government or Police Databases, your employer, next of kin of delegated authorities. 

6. How we use your personal information

We will process the information you provide or we obtain from other sources to provide you with products and services and answer any questions you may have. 

Under data protection legislation we are only permitted to use your personal information if we have a legal basis for doing so. We rely on the following legal bases to process and use your information:

• Performance of a contract – this is where the collection and processing of your personal information is necessary for the performance of a contract to which you are a party, or in order to take steps at your request prior to entering into a contract.
• Legal obligation – this is where the collection and processing of your personal information is necessary for compliance with a legal obligation, for example verification of identity and fraud prevention.
• Consent – where we process personal information under consent we will seek your clear and unambiguous consent before processing your data for example to send and/or receive marketing information from us.
• Legitimate interest – some personal information is processed by Philip Wooller as part of its legitimate interests which include network and information security, web analytics, updating customer details, lettings, sales, and other core services. Philip Wooller may also rely on legitimate interest to process personal information related to direct marketing, web analytics, sales, lettings and other services. 

Where we may process special categories of personal information and criminal conviction information we do so under additional lawful bases of the Data Protection Act. These may include, but are not limited to:

• Where you have provided explicit consent
• Where processing is necessary for the establishment, exercise, or defence of legal claims.

7. Who we share your personal information with

Personal data we share within Philip Wooller

We may share your information within staff and contractors in our company where necessary, for the provision of services.

Sharing with third parties 

We will share personal information with our regulators, governmental or quasi-governmental organisations, law enforcement authorities and with courts, tribunals and arbitrators as may be required from time to time in order to comply with our regulatory and legal obligations.

Where we engage third party service providers to provide products or other business services and operations on our behalf, we provide them with only the personal information they need to perform the service we request. This includes IT systems providers and IT contractors as well as third party referencing or screening agencies for the purposes of the prevention and detection of crime. We contractually require them to securely protect information, and not to use it for any other purpose.

Indicatively - but not limited to - we may disclose your information to the third parties listed below for the purposes listed:

Third parties we may share information to:

• Vendor, buyer, house builder, other estate agents and parties involved in the sale and purchase
• Land and New Homes Developers
• Approved contractors and suppliers including energy suppliers
• Surveyors
• Referencing Companies, Credit and Risk agencies a list of which is available on request
• Rent and Legal insurance providers
• Solicitors and lawyers
• To pursue a claim for breach of tenancy
• Debt collection companies
• Law enforcement bodies including the police, HMRC and local authorities
• The Property Ombudsman
• Land Registry Office

Why we share it

• To support a sale progression:
• – Share Memorandum of Sale with each party,
• – Exchanging data within the chain
• – Provide list of viewers
• To support your enquiry or purchase of land and new homes products or services.
• Where a Philip Wooller employee or sub-contractor may be on site with a developer and data may be shared.
• To install for sale or to let boards.
• To appoint managing agents and building maintenance contractors; and arrange for contractors providing safety & statutory tests and to take inventories. To arrange EPC visits. 
• Where a landlord of a property has asked us to arrange for the property’s gas and/ or electricity supply to be provided by energy suppliers.
• To produce marketing packs for the sale of your home.
• To undertake a structural or Homebuyers survey
• To run automatic checks on your creditworthiness and to help prevent fraud and money laundering.
• For fraud prevention, anti-money laundering checks and identity verification.
• To set up landlord insurances, and in the event of a claim.
• To assist us in recovering any monies which we are owed and overdue.
• For conveyancing services
• Matching personal data to publicly available sources e.g. Land Registry.
• To comply with court orders or legal obligations
• Where they are providing a dispute resolution service  in connection with letting services

Automated Decision Making
Some of the services provided by third parties may involve an automated decision, matching and/or credit scoring process. Any credit scoring methods used by third parties are regularly tested to ensure they remain fair, effective and unbiased.

8. How we keep your personal information secure

The security of your personal information is extremely important to us, and we therefore have measures in place to ensure it stays safe, is not damaged, destroyed or misused, and prevents unauthorised access. The measures include, but are not limited to: 

• Client software systems – all systems have protections in place to protect against both unauthorised access, and other external factors that could cause damage to, your personal data. There are strict access requirements in place and access is restricted to those absolutely necessary.
• Hard copy paper files – stored in a secure facility with restricted physical access.
• We provide data protection training to all employees and workers who need access to and process personal information.
• Where - in line with this Privacy Notice, information is shared with third parties, similar security measures are used to protect your information.

9. How long we keep your personal information for

We will keep your information for as long as is reasonably necessary for the purposes set out in this privacy notice, and to fulfil our legal and regulatory obligations.

The time period may vary depending on type of service or product you have requested from us. In certain circumstances we have a statutory obligation to keep your personal information for a set period of time, for example, financial information (normally 7 years) for financial auditing purposes. Information is always retained in line with its purpose of processing and only for as long as necessary usually, information is kept for 7 years after last contact with you. However, the retention period may be extended dependent upon any legal or contractual obligations Philip Wooller may be required to comply with, as well as any overriding business legitimate interests.

10. Overseas transfers of your personal information

We are based within the UK, however some of the third parties and agents that we work with may be based outside of the European Economic Area (EEA), so processing of your personal information may involve a transfer of data outside of the EEA. Whenever we transfer your personal information outside of the EEA, we will always ensure it is protected by making sure we have safeguards in place. This might mean only transferring your personal information to a country that has been deemed by the European Commission to provide an adequate level of protection, or by using specific contractual protections. 

You can contact us at dpo@philipwooller.com for details of how we protect specific transfers of your data.

All information that you provide us with is stored on our secure servers, or those of our third parties’ data storage providers.

11. Your rights in relation to your personal information

• Your right of access – you have the right to ask us for copies of your personal information. Exemptions within the legislation could mean that you may not receive all the information we process. If this is applicable an explanation will be provided to you within our response.
• Your right to rectification – you have the right to request that inaccurate information is rectified and incomplete information completed. 
• Your right to erasure – you have the right to request your personal information be deleted by us in certain circumstances. 
• Your right to restrict processing – you have the right to ask us to restrict the processing of your personal information in certain circumstances.  
• Your right to object to processing – you have the right to object to the processing of your personal information in certain circumstances.  
• Your right to data portability – you have the right to request whether and to where we may have transferred your personal data.
• Rights related to automated decision making and profiling – you have the right not to be subjected to a decision based solely on automated processing (including profiling) which may significantly affect you.
• If you would like to make a request to exercise any of your individual rights described in this section, please email dpo@philipwooller.com with your request. Upon receipt of your request, we will carry out a review and a response determining our decision will be provided to you within the recommended timescales.

12. How to contact us

Contact details
If you have any questions, comments or requests regarding any aspect of this Privacy Notice, how we handle your personal information, or want to make a subject access request, please do not hesitate to contact us by sending an email to dpo@philipwooller.com or writing to the company Data Protection Officer at: 

Philip Wooller, 145 Askew Road, London W12 9AU Telephone 020 8811 2929

Complaints
If you have a complaint about the way in which your personal information has been processed, you have the right to contact the Information Commissioner's Office but we would suggest that you first contact us and we will try to address your concerns.

Privacy Notice Last Updated23 October 2023