This privacy notice tells you what to expect us to do with your personal information when you make contact with us.
Last updated: 01.01.2020
This Policy sets out the obligations of Change Homes Limited (“the Company”) regarding data protection and the rights of customer, potential customers and business contacts (“data subjects”) in respect of their personal data under the General Data Protection Regulation (“the Regulation”).
The Regulation defines “personal data” as any information relating to an identified or identifiable natural person (a data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
This Policy sets out the procedures that are to be followed when dealing with personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.
The Company is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
- The Data Protection Principles
This Policy aims to ensure compliance with the Regulation. The Regulation sets out the following principles with which any party handling personal data must comply. All personal data must be:
- processed lawfully, fairly, and in a transparent manner in relation to the data subject;
- collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
- adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay;
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the Regulation in order to safeguard the rights and freedoms of the data subject;
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
- Lawful, Fair, and Transparent Data Processing
The Regulation seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The Regulation states that processing of personal data shall be lawful if at least one of the following applies:
- the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
- Processed for Specified, Explicit and Legitimate Purposes
- The Company collects and processes the personal data set out in Part 21 of this Policy. This may include personal data received directly from data subjects (for example, contact details used when a data subject communicates with us) and data received from third parties (for example, Right Move, Zoopla ect.).
- The Company only processes personal data for the specific purposes set out in Part 21 of this Policy (or for other purposes expressly permitted by the Regulation). The purposes for which we process personal data will be informed to data subjects at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.
- Adequate, Relevant and Limited Data Processing
The Company will only collect and process personal data for and to the extent necessary for the specific purpose(s) informed to data subjects as under Part 4, above.
- Accuracy of Data and Keeping Data Up To Date
The Company shall ensure that all personal data collected and processed is kept accurate and up-to-date. The accuracy of data shall be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
- Timely Processing
The Company shall not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed. When the data is no longer required, all reasonable steps will be taken to erase it without delay.
- Secure Processing
The Company shall ensure that all personal data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details of the data protection and organisational measures which shall be taken are provided in Parts 22 and 23 of this Policy.
- The Company’s data protection officer is Callum Garry, firstname.lastname@example.org.
- The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
- The name and details of the Company, its data protection officer, and any applicable third party data controllers;
- The purposes for which the Company processes personal data;
- Details of the categories of personal data collected, held, and processed by the Company; and the categories of data subject to which that personal data relates;
- Details (and categories) of any third parties that will receive personal data from the Company;
- Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;
- Details of how long personal data will be retained by the Company; and
- Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.
- Privacy Impact Assessments
The Company shall carry out Privacy Impact Assessments when and as required under the Regulation. Privacy Impact Assessments shall be overseen by the Company’s data protection officer and shall address the following areas of importance:
- The purpose(s) for which personal data is being processed and the processing operations to be carried out on that data;
- Details of the legitimate interests being pursued by the Company;
- An assessment of the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
- An assessment of the risks posed to individual data subjects; and
- Details of the measures in place to minimise and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of personal data, sufficient to demonstrate compliance with the Regulation.
- The Rights of Data Subjects
The Regulation sets out the following rights applicable to data subjects:
- The right to be informed;
- The right of access;
- The right to rectification;
- The right to erasure (also known as the ‘right to be forgotten’);
- The right to restrict processing;
- The right to data portability;
- The right to object;
- Rights with respect to automated decision-making and profiling.
- Keeping Data Subjects Informed
- The Company shall ensure that the following information is provided to every data subject when personal data is collected:
- Details of the Company including, but not limited to, the identity of Callum Garry, its Data Protection Officer;
- The purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 21 of this Policy) and the legal basis justifying that collection and processing;
- Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;
- Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
- Where the personal data is to be transferred to one or more third parties, details of those parties;
- Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Part 24 of this Policy for further details concerning such third country data transfers);
- Details of the length of time the personal data will be held by the Company (or, where there is no predetermined period, details of how that length of time will be determined);
- Details of the data subject’s rights under the Regulation;
- Details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;
- Details of the data subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation);
- Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it;
- Details of any automated decision-making that will take place using the personal data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions and any consequences.
- The information set out above in Part 12.1 shall be provided to the data subject at the following applicable time:
- Where the personal data is obtained from the data subject directly, at the time of collection;
- Where the personal data is not obtained from the data subject directly (i.e. from another party):
- If the personal data is used to communicate with the data subject, at the time of the first communication; or
- If the personal data is to be disclosed to another party, before the personal data is disclosed; or
- In any event, not more than one month after the time at which the Company obtains the personal data.
- The Company shall ensure that the following information is provided to every data subject when personal data is collected:
- Data Subject Access
- A data subject may make a subject access request (“SAR”) at any time to find out more about the personal data which the Company holds about them. The Company is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests, and in such cases the data subject shall be informed of the need for the extension).
- All subject access requests received must be forwarded to Callum Garry, the Company’s data protection officer, at email@example.com
- The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
- Rectification of Personal Data
- If a data subject informs the Company that personal data held by the Company is inaccurate or incomplete, requesting that it be rectified, the personal data in question shall be rectified, and the data subject informed of that rectification, within one month of receipt the data subject’s notice (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).
- In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification of that personal data.
- Erasure of Personal Data
- Data subjects may request that the Company erases the personal data it holds about them in the following circumstances:
- It is no longer necessary for the Company to hold that personal data with respect to the purpose for which it was originally collected or processed;
- The data subject wishes to withdraw their consent to the Company holding and processing their personal data;
- The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Part 18 of this Policy for further details concerning data subjects’ rights to object);
- The personal data has been processed unlawfully;
- The personal data needs to be erased in order for the Company to comply with a particular legal obligation
- Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).
- In the event that any personal data that is to be erased in response to a data subject request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
- Data subjects may request that the Company erases the personal data it holds about them in the following circumstances:
- Restriction of Personal Data Processing
- Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal data pertaining to that data subject that is necessary to ensure that no further processing of their personal data takes place.
- In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
- Data Portability
- The Company processes personal data using automated means.
- Where data subjects have given their consent to the Company to process their personal data in such a manner or the processing is otherwise required for the performance of a contract between the Company and the data subject, data subjects have the legal right under the Regulation to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers, e.g. other organisations).
- To facilitate the right of data portability, the Company shall make available all applicable personal data to data subjects.
- Where technically feasible, if requested by a data subject, personal data shall be sent directly to another data controller.
- All requests for copies of personal data shall be complied with within one month of the data subject’s request (this can be extended by up to two months in the case of complex requests in the case of complex or numerous requests, and in such cases the data subject shall be informed of the need for the extension).
- Objections to Personal Data Processing
- Data subjects have the right to object to the Company processing their personal data based on legitimate interests (including profiling), direct marketing (including profiling), [and processing for scientific and/or historical research and statistics purposes].
- Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing forthwith, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights and freedoms; or the processing is necessary for the conduct of legal claims.
- Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing forthwith.
- Where a data subject objects to the Company processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the Regulation, ‘demonstrate grounds relating to his or her particular situation’. The Company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.
- Automated Decision-Making
- In the event that the Company uses personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on data subjects, data subjects have the right to challenge to such decisions under the Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from the Company.
- The right described in Part 19.1 does not apply in the following circumstances:
- The decision is necessary for the entry into, or performance of, a contract between the Company and the data subject;
- The decision is authorised by law; or
- The data subject has given their explicit consent.
Where the Company uses personal data for profiling purposes, the following shall apply:
- Clear information explaining the profiling will be provided, including its significance and the likely consequences;
- Appropriate mathematical or statistical procedures will be used;
- Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
- All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling (see Parts 22 and 23 of this Policy for more details on data security).
- Data Protection Measures
The Company shall ensure that all its employees, agents, contractors, or other parties working on its behalf comply with the following when working with personal data:
- All emails containing personal data must be encrypted using Alto.;
- Where any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. Hardcopies should be shredded, and electronic copies should be deleted securely.
- Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
- Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
- Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted;
- Where Personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;
- Where Personal data is to be transferred in hardcopy form it should be passed directly to the recipient;
- No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from Callum Garry.
- All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet or similar;
- No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorisation of Callum Garry;
- Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors or other parties at any time;
- If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it;
- No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets and smartphones), whether such device belongs to the Company or otherwise.
- No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the Regulation (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken);
- All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols.
- Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;
- Organisational Measures
The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
- All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the Regulation and under this Policy, and shall be provided with a copy of this Policy;
- Only employees, agents, sub-contractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company;
- All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
- All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised;
- Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed;
- The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;
- All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the Regulation and this Policy by contract;
- All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the Regulation;
- Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
- Transferring Personal Data to a Country Outside the EEA
- The Company may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.
- The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:
- The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data;
- The transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the Regulation); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;
- The transfer is made with the informed consent of the relevant data subject(s);
- The transfer is necessary for the performance of a contract between the data subject and the Company (or for pre-contractual steps taken at the request of the data subject);
- The transfer is necessary for important public interest reasons;
- The transfer is necessary for the conduct of legal claims;
- The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or
- The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.
- Data Breach Notification
- All personal data breaches must be reported immediately to the Company’s data protection officer.
- If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the data protection officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
- In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 25.2) to the rights and freedoms of data subjects, the data protection officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.
- Data breach notifications shall include the following information:
- The categories and approximate number of data subjects concerned;
- The categories and approximate number of personal data records concerned;
- The name and contact details of the Company’s data protection officer (or other contact point where more information can be obtained);
- The likely consequences of the breach;
- Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
- Implementation of Policy
This Policy shall be deemed effective as of 01.01.2019. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
Change Homes LTD understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.change-homes.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
|“Account”||means an account required to access and/or use certain areas and features of Our Site;|
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“personal data”||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”);|
|“We/Us/Our”||means Change Homes LTD, a limited company registered in England under company number 10702859, whose registered address is 70 St Johns Close, Knowle, Solihull, West Midlands B93 0NH.|
- Information About Us
- Our Site is owned and operated by Change Homes LTD, a limited company registered in England under company number 10702859, whose registered address is 70 St Johns Close, Knowle, Solihull, West Midlands B93 0NH.
- Our Data Protection Officer is Callum Garry, and can be contacted by email at firstname.lastname@example.org, by telephone on 079525 83304, or by post at 70 St Johns Close, Knowle, Solihull, West Midlands B93 0NH.
- We are regulated by The property ombudsman and trading standards UK.
- What Does This Policy Cover?
- Your Rights
- As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
- The right to be informed about Our collection and use of personal data;
- The right of access to the personal data We hold about you (see section 12);
- The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
- The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14);
- The right to restrict (i.e. prevent) the processing of your personal data;
- The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
- The right to object to Us using your personal data for particular purposes; and
- Rights with respect to automated decision making and profiling.
- If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
- For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
- As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
- What Data Do We Collect?
- date of birth;
- business/company name
- contact information such as email addresses and telephone numbers;
- demographic information such as post code, preferences and interests;
- financial information such as credit / debit card numbers;
- photo ID such as a copy of your passport
- How Do We Use Your Data?
- All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
- Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
- Providing and managing your Account;
- Personalising and tailoring your experience on Our Site;
- Supplying Our services to you (please note that We require your personal data in order to enter into a contract with you);
- Replying to emails from you;
- Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by clicking the link at the bottom of the email;
- With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email telephone, text message, post with information, news and offers on Our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it.
- We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.
- How and Where Do We Store Your Data?
- We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
- Your data will only be stored in the UK.
- Do We Share Your Data?
- Subject to section 8.2, We will not share any of your data with any third parties for any purposes.
- In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal obligations, a court order, or a governmental authority.
- What Happens If Our Business Changes Hands?
- In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes.
- How Can You Control Your Data?
- When you submit personal data via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details.
- You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
- Your Right to Withhold Information
- You may access Our Site without providing any data at all.
- How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the Data Protection Act 1998, We require the payment of a small fee which will not exceed £10.
- All Cookies used by and on Our Site are used in accordance with current Cookie Law.
- You will be given the opportunity to allow only first party Cookies and block third party Cookies.
- The following first party Cookies may be placed on your computer or device:
|Name of Cookie||Purpose||Strictly Necessary|
|_gat||Google Universal Analytics. Performance||YES|
|_gid||Google Universal Analytics. store and update a unique value for each page visited.||YES|
|_ga||Google Universal Analytics. This cookie is used to distinguish unique users by assigning a randomly generated number as a client identifier. It is included in each page request in a site and used to calculate visitor, session and campaign data for the sites analytics reports. By default it is set to expire after 2 years, although this is customisable by website owners.||YES|
- Our Site uses analytics services provided by Google analytics. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
- The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
- You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
- It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- Contacting Us
Where, in accordance with the GDPR, the consent of the data subject is required for the processing of his or her personal data, it will be within the scope of this procedure.
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
The data controller, Change Homes Limited is responsible under the GDPR for obtaining consent from the data subject under advisement from Data Protection Officer.
3. Consent procedure
- Change Homes Limited shall be able to demonstrate that the data subject has given explicit consent to the processing of his or her personal data either through a Data Subject Consent Form.
- The firm shall be able to demonstrate that the data subject has consented to the processing of his or her personal data for one or more specific purposes.
- The firm shall be able to demonstrate that the data subjects consent is easily distinguishable from any other matter relating to the data subject (if recorded in paper / electronic file format use Data Subject Consent Form, or email then attach the email to the form).
- The firm shall be able to demonstrate that the data subjects consent is in an intelligible and easily accessible form using clear and plain language.
- The firm shall be able to demonstrate that the data subject has been informed of their right to withdraw consent before giving consent (See Right to withdraw Consent Procedure).
- The firm shall be able to demonstrate that processing of data is limited to the contract bound by the explicit consent given by the data subject.
4. Child consent procedure
Change Homes Limited shall be able to demonstrate that, where the data subject has given explicit consent to the processing of his or her personal data, and the processing relates to a child under 16 years old, additional consent has been received by the person who is the holder of parental responsibility over the child (Parental Consent Form)
The firm shall be able to demonstrate that reasonable efforts have been made to establish the authenticity of the parental responsibility taking into consideration available technology.
GDPR introduces a right for individuals to have their personal data erased. This is referred to as the right to erasure. This means that an individual, can make a request to the deletion or removal of personal data where there is no compelling reason for its continued processing.
When does the right to erasure apply?
Although individuals have the right to their personal data to be erased, the right to erasure does not provide an absolute right to be forgotten. The right to erasure applies in the following:
- when personal data is no longer necessary in relation to the purpose for which it was originally collected/processed;
- when the individual withdraws consent;
- when the individual rejects to the processing and there is no overriding legitimate interest for continued processing;
- the personal data was unlawfully processed initially
- personal data has to be erased to comply with a legal obligation
Additionally, if the processing of the information is likely to cause damage or distress, this is likely to make a case for erasure stronger.
When can we refuse to comply with a request for erasure?
If there is a justified reason for erasure, we will notify all third parties of the request. They will then be required to establish whether or not there is a justifiable reason to erase such data. For full details see the ICO website.
We can refuse to comply with a request for erasure if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature. Should we consider that a request is manifestly unfounded or excessive we can:
- request a “reasonable fee” to deal with the request; or
- refuse to deal with the request.
How is a request refused?
A request will be refused formally in writing stating the reason(s) for refusal.
How do we recognise a request?
It is preferable that all requests are made in writing to ensure that no communication is misunderstood and can be easily referenced by an audit trail. We understand however that from time to time individuals may wish to exercise their write to erasure verbally.
Please ensure that proof of ID is provided as part of your request.
Please submit all requests for the attention of the Data Protection Officer to:
- St Johns Court, 70 St Johns Close, Knowle, Solihull, B93 0NH
How do we inform you of what data was held and erased?
When complying with your wishes to erase your data, we will first conduct an audit to establish what data is held. We will subsequently delete this data and notify you in writing.
How long do we have to comply?
We will respond to you within one month of receiving your request.
What methods do we have to erase data?
Your information will be destroyed in line with ICO guidelines.
All personal data processed by Change Homes LTD (“The Firm”) is within the scope of this procedure.
This procedure excludes personal data that is asked for as a matter of routine by data subjects i.e. Name, address etc.
Data subjects are entitled to ask:
- Whether Change Homes LTD is processing any personal data about that individual and, if so, to be given:
- a description of the personal data;
- the purposes for which it is being processed; and,
- details of who will be allowed to see the personal data.
- To be provided with a copy of the information and to be told about the sources from which Change Homes LTD derived the information.
The Data Protection Officer is responsible for the application and effective working of this procedure, and for reporting to the Directors on Subject Access Requests (SARs).
- Personal Data of the Subject
An individual is only entitled to their own personal data, and not to information relating to other people (unless the information is also about them in which case any third-party identifiers will be redacted).
3.1 In addition to a copy of their personal data, The Firm will provide data subjects with the following information:
- the purposes of processing data;
- the categories of personal data concerned;
- the recipients or categories of recipient The Firm discloses the personal data to;
- The Firm’s retention period for storing the personal data or, where this is not possible, The Firm’s criteria for determining how long it will be stored for;
- the existence of the data subject’s right to request rectification, erasure or restriction or to object to such processing;
- the right of the data subject to lodge a complaint with the ICO;
- information about the source of the data, where it was not obtained directly from the data subject;
- the existence of automated decision-making (including profiling); and
- the safeguards The Firm provides when transferring personal data to a third country or international organisation.
4.1 Subject Access Requests can be made verbally or in writing to The Firm’s Data Protection Officer.
4.2 The data subject must provide evidence as to identity, in the form of a current passport/driving license to the Data Protection Officer upon request who will in turn verify the identity of the data subject before complying with the request.
4.3 The data subject must identify the data that is being requested and where it is being held and this information must be evidenced within the SAR. Note that the data subject is entitled to ask for all data that The Firm holds, without specifying that data.
4.4 The date by which the identification checks and the specification of the data sought must be recorded; The Firm has one month from this date to provide the requested information. The Firm reserves the right to extend the time to respond by a further two months if the request is complex or The Firm have received a number of requests from the data subject. The Firm will let the data subject know within one month of receiving their request and explain why the extension is necessary.
4.5 The SAR is immediately forwarded to the Data Protection Officer who will ensure that the requested data is collected within the time period.
Collection will entail:
- Collating the data specified by the data subject;
- Searching all databases and all relevant filing systems including all back up and archived files, whether computerised or manual, and including all e-mail folders and archives.
4.6 The Data Protection Officer maintains a record of requests for data and of its receipt, including dates. Note that data may not be altered or destroyed in order to avoid disclosing it.
4.7 The Data Protection Officer is responsible for reviewing all provided documents to identify whether any third parties are identified in it and for either excising identifying third party information from the documentation or obtaining written consent from the third party for their identity to be revealed.
4.8 If the requested data falls under one of the following exemptions, it does not have to be provided:
- Crime prevention and detection;
- Information covered by legal professional privilege.
4.9 The information is provided to the data subject in electronic format unless otherwise requested and all the items provided are listed on a schedule that shows the data subject’s name and the date on which the information is delivered.
4.10 The GDPR requires that the information The Firm provides to a data subject is in a concise, transparent, intelligible and easily accessible form, using clear and plain language.
4.11 The Firm will not charge a fee to process a subject access request unless the request is manifestly unfounded or excessive in which case The Firm reserves the right to charge a “reasonable fee” for the administrative costs of complying with the request. The Firm may also charge a reasonable fee if a data subject requests further copies of their data following a request.
4.12 The GDPR does not prevent an individual making a subject access request via a third party. Often, this will be a solicitor acting on behalf of a client, but it could simply be that a data subject feels comfortable allowing someone else to act for them. In these cases, The Firm will need to be satisfied that the third party making the request is entitled to act on behalf of the data subject, but it is the third party’s responsibility to provide evidence of this entitlement. This might be a written authority to make the request or it might be a more general power of attorney.
4.13 If The Firm believes the data subject may not understand what information would be disclosed to a third party who has made a subject access request on their behalf, The Firm may send the response directly to the data subject rather than to the third party. The data subject may then choose to share the information with the third party after having had a chance to review it.
4.14 Where the data subject is a child and they are too young to understand the implications of subject access rights, it is still the right of the child rather than of anyone else such as a parent or guardian; therefore, it is the child who has a right of access to the information held about them, even though in the case of young children these rights are likely to be exercised by those with parental responsibility for them.
Before responding to a subject access request for information held about a child, The Firm will consider whether the child is mature enough to understand their rights.
- Complying with a request
The Firm can refuse to comply with a SAR if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature.
If The Firm considers that a request is manifestly unfounded or excessive The Firm can:
- request a “reasonable fee” to deal with the request; or
- refuse to deal with the request.
In either case The Firm will justify their decision.