Galbraith is committed to protecting your privacy and the confidentiality of your personal information. This privacy notice explains how we collect, use and protect your personal information. In this privacy notice, “our” and “we” means CKD Galbraith LLP trading as Galbraith. Any reference to “you” or “your” refers to anyone whose personal information we collect and process.
1. Introduction
Our use of your personal information is governed by this privacy notice. Galbraith is a controller for the personal information that it collects and uses about you. 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. In this privacy notice we explain: -
- What is personal information
- The types of personal information we collect
- How we use your personal information
- The legal basis for processing your personal information
- How we share your personal information
- How long we keep your personal information
- How we keep your personal information secure
- Overseas transfers of your personal information
- Your rights in relation to your personal information
- How to make complaints and how to contact us
2. What is personal information?
Personal information is any information that tells us something about you. This includes 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. Some personal information is classified as special data under data protection legislation. This includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership; or genetic or biometric data (where used for identification purposes); data concerning health; data concerning a person’s sex life or sexual orientation. This information is more sensitive, and we need to have further justification for collecting, storing and using this type of personal information. There are also additional restrictions on the circumstances in which we are permitted to collect and use criminal conviction data.
Any references to personal information in this privacy notice includes personal data, and where relevant, special categories of personal data.
3. What personal information do we collect?
The type of personal information that we collect from you will depend on the service that we are providing to you or the reason that you are engaging with us. In all cases of engagement with you as a client we will collect your full name and contact details (such as phone numbers, email address and postal address) from you.
Identification
If we are providing a service to you, or on your behalf, or if you are a Tenant in a property which we manage, or purchaser of a property we market, we are required to collect information relating to your identity, to comply with Anti-Money Laundering Regulations.
For the purposes of the collection of identity documentation, we may share your full name and contact details with First AML, whose Privacy Policy is available here: First AML: Privacy Policy.
Where we collect information relating to your identity, directly, we will collect one piece of personal, photographic identification (for example, passport or driver's license) and one document showing proof of address dated within the last 3 months (for example, a utility bill or letter from a Local Authority)
Depending on the service that we provide to you, or on your behalf, or on behalf of a client, we may also collect additional personal information as detailed below.
Selling, letting, or acquiring a property
If you are selling or letting a property through us or using our acquisition services, we will collect and use the following information about you:
- Identification and contact information, such as your full name, date of birth, age, postal address, email address and telephone numbers
- Identification for the purposes of fulfilling criteria in relation to Anti-Money Laundering Regulations
- A copy of your title deed if you own the property
- Where you are not the legal owner of the property, details of your ability to sell or let the property such as a power of attorney, guardianship order or confirmation or grant of probate
- If you are a landlord, your bank / building / similar account details to allow us to set up your rental payments
- If you are an Overseas Entity, transaction on land in the UK, we will request and hold verification that you are on the Register of Overseas Entities
- Tax status information for overseas landlords which will be provided along with your name, address, and the tenanted property address to HMRC
- VAT status of commercial properties
Purchasing a property that we are marketing
If you wish to purchase a property that we are currently listing for sale or you wish us to contact you about future properties for sale, we will collect and use identification and contact information, such as your full name, date of birth, age, postal address, email address and telephone number and details of any specific property requirements. If you provide these to us, we will also use any specific access requirements you may have in relation to a property.
If you submit a successful offer on a property that we are marketing for sale, we will collect and use identification for the purposes of fulfilling criteria in relation to Anti-Money Laundering Regulations.
Renting
If you apply to rent a property that we are letting on behalf of a client or that we are marketing on behalf of a client, we will require you to provide certain personal information to us both as part of your tenancy application and if you are, or become a tenant, in connection with your tenancy agreement and the management of your tenancy. If you fail to provide certain information when requested, the landlord may not be able to offer you a tenancy, implement the tenancy agreement, manage the property, or comply with legal obligations. We also have statutory and regulatory obligations to collect certain personal information from you.
We will collect personal information directly from you through the application process from you. We also may collect additional information from third parties including employers, credit reference agencies and other background check agencies.
We may collect and use the following information about you:
- Identification and contact information, such as your full name, date of birth, age, postal address, email address and telephone numbers
- Identification for the purposes of fulfilling criteria in relation to Anti-Money Laundering Regulations
- Your next of kin and emergency contact details, and information about your dependants including personal information relating to any children aged 16 and over who will be living with you at the property
- Information about your employment, including your employment status, salary, job title
- Your national insurance number.
- Specific access requirements to help assess whether a property is suitable for your needs
- Your bank/building/similar account details to allow us to make payments to an approved tenancy deposit provider, to set up your rental payments and deal with service charge and insurance payments, utility recharge payments and any other tenancy payments
- References and other information included as part of the application process
- Financial information, such as your bank account details, payroll records, tax status information
- Information about any outstanding debt decrees and county court judgments against you
- Information about bankruptcy, voluntary arrangements, and other insolvency proceedings
- More sensitive information about you, including information about your previous criminal convictions and health information
- For those who are occupying a property under a commercial tenancy, we may collect contact information, such as your organisation’s postal address, email address and telephone number.
We may also collect information about you from other sources. This may include the following:
- Publicly available information, from sources such as Companies House, the Electoral Roll, debt decrees and county court judgements and repossessions
- Information you have shared publicly, including on social media
- Information from third party databases or data suppliers, such as property sites, auction sites, Anti-Money Laundering Agencies and credit reference agencies, including details about your home, belongings, and creditworthiness
Land and Property Management
Where we manage land and property on your behalf, we will collect identification and contact information, such as your full name, date of birth, age, postal address, email address, telephone numbers and bank details. Identification for the purposes of fulfilling criteria in relation to Anti-Money Laundering Regulations.
We may also request additional emergency contact information in case we need to get in touch with you outside of working hours or in the event that there is a matter requiring your urgent attention. If we deal with single farm payments or other grants or subsidies on your behalf, we will also collect and process your bank details.
Land Referencing Services
Where we provide land referencing services for a client we will collect and process identification and contact information, such as your full name, date of birth, age, postal address, email address and telephone numbers. These may be sourced from a variety of sources.
Accounting services
If we provide accounting services to you, we will collect and process identification and contact information, such as your full name, date of birth, age, postal address, email address and telephone numbers, bank account details, VAT registration details, HMRC online logins and details of your pension scheme, professional advisers, suppliers, tenants and customers. Where we provide payroll services to you we will also collect and process identification and contact information, bank account, national insurance number, tax and pension details for your employees.
Contractors
If you wish to be added to our contractor system or you provide services to us and/or our clients we will collect and process identification and contact information such as your full name, postal address, email address, telephone numbers, insurance and compliance certificates and evidence of industry and service-related qualifications.
Other
If you subscribe to receive news or other market updates from us, then in addition to the above we may collect details about the sector in which you work and the type of content that you would like to receive but only with your consent.
4. What is the legal basis of our data processing?
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 use your information.
- Where we need information to perform the contract, we have entered into with you
- Where we need to comply with a legal obligation
- Where we have your consent
- Where the processing is necessary for us to carry out activities for which it is in Galbraith’s legitimate interests (or those of a third party) to do so and provided that your interests and fundamental rights do not override those interests, including:
- Processing your personal information in ways that you would reasonably expect, and which have a minimal privacy impact, or where there is a compelling justification for this processing. This would include collecting and processing personal data for the purposes of matching you with sale or letting properties, preparing marketing reports, processing an application for a tenancy, or let and providing your information to clients and other third parties who wish to engage you to provide services.
- Processing which is necessary for us to promote our business, brands and products and measure the reach and effectiveness of our campaigns. – this may include sending you marketing information from time to time after you have engaged us to provide services or received services from us either which may be similar and of interest to you or where you have expressly indicated that you would like to receive such information. You have the right to opt out of receiving this information at any time.
- Processing which is necessary to improve our knowledge of the real estate sector – this will include undertaking market analysis and research so that we better understand trends in the property sector and provide better knowledge along with more tailored and relevant services for our customers in the future.
- Processing which is necessary for us to operate the administrative and technical aspects of our business efficiently and effectively – this will include: verifying the accuracy of information that we hold about you and creating a better understanding of you as a customer.
- Processing for administrative efficiency purposes such as where we outsource certain administrative functions to third parties who are specialists in such services;
- Processing for network and information security purposes i.e., for us to take steps to protect your information against loss, damage, theft or unauthorised access or to comply with a request from you in connection with the exercise of any of your rights outlined below.
In more limited circumstances we may also rely on the following legal bases:
- Where we need to protect your interests (or someone else's interests); and/or
- Where it is needed in the public interest or for official purposes, we may process special categories of personal information and criminal conviction information with your explicit consent, in which case we will explain the purpose for which the information will be used at the point where we ask for your consent.
How we use your personal information
How we use the personal information that we collect from you will depend on the service that we are providing to you or the reason that you are engaging with us.
Acquiring, selling, letting, tenanting
- If we are acting for you as a seller, we use your personal information for our statutory obligations in the transaction and for the purposes of fulfilling our obligations to you to sell your property. We share your personal information with the purchaser and your appointed solicitors and the solicitors acting for the purchaser, home report surveyors, our bank, our suppliers and any other third parties necessary to facilitate the sale and fulfil our legal obligations in respect of the sale.
- If we are acting for you as a landlord, we use your personal information for our statutory obligations in the transaction and for the purposes of fulfilling our obligations to you to let your property and if appropriate manage the property. We share your personal information with suppliers, the tenant, contractors, our bank, Councils, HMRC, an approved deposit scheme and any other third parties necessary for us to let and manage your property and fulfil our legal obligations in respect of the let.
- If we are acting for you as a buyer, we use your personal information for our statutory obligations in the transaction and for the purposes of fulfilling our obligations to you. We share your personal information with the vendor, your appointed solicitors, the solicitors acting for the vendor, our bank and any other third parties necessary to facilitate the purchase including third party mortgage providers if this is a service which is required as part of your purchase and to fulfil our legal obligations in respect of the purchase.
- If you are buying a property that we are selling on behalf of a client, we use your personal information to comply with our statutory anti-money laundering obligations. We share your personal information with our client, the solicitors acting for our client and any other third parties necessary to facilitate the sale and meet our legal obligations in respect of the sale.
- If you are applying to be a tenant of a property that we are marketing for let or you are a tenant, we use your personal information for the purposes of processing a tenancy application and completing a tenancy agreement in your name. We share your personal information with third party referencing agencies, suppliers, the landlord, contractors, our bank, Councils, HMRC, an approved deposit scheme and any other third parties necessary for us to process your tenancy application, complete the tenancy in your favour, manage the property, facilitate the let and management and fulfil our legal obligations in respect of the let and management.
Land and Property Management
Where we are managing land or property on your behalf we will share your personal information with tenants, our clients, our bank, our suppliers, contractors, HMRC, Councils, other necessary statutory bodies and any other third parties necessary to facilitate the work we carry out on your behalf and to meet our legal obligations in respect of the work that we carry out on your behalf. If you are a tenant or purchaser of holiday lets, we will also retain records of your profile to enable us to provide you with a more informed service.
Professional services
If we are providing you with professional services we will share your personal information with our bank, our suppliers, contractors, HMRC and any other third parties necessary to facilitate the work we carry out on your behalf and to meet our legal obligations in respect of the work that we carry out on your behalf.
Land referencing services
If we are providing land referencing services to a client we will share your personal information with the client, contractors and any other third parties necessary to facilitate the work we carry out on behalf of the client.
Contractors
If you are on our contractor system or you provide services to us and/or our clients we will share your personal information with clients, landlords, tenants, other contractors and professionals.
Finance
We may pass your personal data to Fox Private Finance Limited, an independent company with which Galbraith has a relationship on a referral basis in relation to the arrangement of financing to allow you to acquire a property but only with your consent.
Insurance
If you are an insurance customer, we will disclose information to be sent to a selected panel of insurance providers in order to obtain suitable options for insurance products for your requirements.
Other uses of your personal information
- If we sell any part of our business and/or integrate it with another organisation your details may be disclosed to our advisers and to prospective purchasers or joint venture partners and their advisers. If this occurs the new owners of the business will only be permitted to use your information in the same or similar way as set out in this privacy notice.
- 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.
- We will share personal information with third party services providers who process personal information on our behalf in order to provide services to us. 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 may share your personal information with any person working within Galbraith on a need-to-know basis to ensure we are able to perform our obligations to you.
- We will hold your personal information on our client management systems and use this to provide you with marketing information about similar services offered by Galbraith to those which you have engaged us to provide which we feel you might find useful from time to time. You have the opportunity to opt out of receiving this information at any time.
What happens if you do not provide the information that we request?
We require some of your personal information so we can provide you with the services you have requested from us. For example:
- Where we are selling a property on your behalf, we need to know your contact information so that we can update you with information on viewings, offers and the progress of the sale;
- We also need some information so that we can comply with our legal obligations. For example, we may need identity documents from you to meet our obligations to prevent fraud and money laundering.
If you do not provide the information required for these purposes, we will not be able to perform our contract with you and may not be able to provide services to you or continue to provide certain services to you. We will explain when this is the case at the point where we collect personal information from you.
5. How we keep your information secure
The security of information is very important to us and we have measures in place which are designed to prevent unauthorised access to your personal information including but not limited to:
6. How long do we keep your personal information?
The period we keep your personal information for will depend on the type of service we have provided you with. The retention period may be longer than the period for which we are providing services to you where we have statutory or regulatory obligations to retain personal information for a longer period or where we may need to retain the information in case of a legal claim.
7. Overseas transfers of your personal information
Whilst we make every effort to ensure that personal data is stored in locations within the UK and the European Economic Area (EEA) this is not always possible to achieve. When we are made aware that a client or supplier stores or processes personal data out with the EEA then we will ensure that our agreement with them contains compliant contractual clauses.
8. Your rights in relation to your personal information
You have a number of rights in relation to your personal information, these include the right to:
- Be informed about how we use your personal information
- Obtain access to your personal information that we hold
- Request that your personal information be corrected if you believe it is incorrect, incomplete, or inaccurate
- Request that we erase your personal information in the following circumstances:
- If Galbraith is continuing to process personal information beyond the period when it is necessary to do so for the purpose for which it was originally collected
- If Galbraith is relying on consent as the legal basis for processing and you withdraw consent
- If Galbraith is relying on legitimate interests as the legal basis for processing and you object to this processing and there is no overriding compelling ground which enables us to continue with the processing
- If the personal information has been processed unlawfully (i.e. in breach of the requirements of the data protection legislation)
- If it is necessary to delete the personal information to comply with a legal obligation
- Ask us to restrict our data processing activities where you consider that:
- Personal information is inaccurate
- Our processing of your personal information is unlawful
- Where we no longer need the personal information, but you require us to keep it to enable you to establish, exercise or defend a legal claim
- Where you have raised an objection to our use of your personal information
- Request a copy of certain personal information that you have provided to us in a commonly used electronic format. This right relates to personal information that you have provided to us that we need in order to perform our agreement with you and personal information where we are relying on consent to process your personal information
- Object to our processing of your personal information where we are relying on legitimate interests or exercise of a public interest task to make the processing lawful. If you raise an objection, we will carry out an assessment to determine whether we have an overriding legitimate ground which entitles us to continue to process your personal information; and
- Not be subject to wholly automated decisions which produce legal effects, or which could have a similarly significant effect on you.
If you would like to exercise any of your rights, please contact martin.cassels@galbraithgroup.com.
9. Complaints and Contact Detail
If you have any complaints about the way, we use your personal information please contact martin.cassels@galbraithgroup.com. If we cannot resolve any issue, you have the right to complain to the data protection authority in your country (the Information Commissioner in the UK).
Contact details
If you have any questions, comments, or requests regarding any aspect of this Privacy Policy, please do not hesitate to contact us by sending an email to martin.cassels@galbraithgroup.com.
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