Background
David James Estate Agents Ltd and David James Lettings Ltd understand 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.david-james.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.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site and You will be required to read and accept this Privacy Policy when signing up for an Account. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
Definitions and Interpretation
In this Policy, the following terms shall have the following meanings:
| “Account” | means an account required to access and 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 when you use certain features of Our Site. Details of the Cookies used by Our Site are set out 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 David James Estate Agents Ltd a limited company registered in England under company number 08439910 David James Lettings Ltd a limited company registered in England under company number 06608370 both companies registered and trading from 45b Plains Road, Mapperley, Nottingham, NG3 5JU. |
Information About Us
Our Site is owned and operated by David James Estate Agents Ltd a limited company registered in England under company number 08439910 and David James Lettings Ltd a limited company registered in England under company number 06608370 both companies registered and trading from 45b Plains Road, Mapperley, Nottingham, NG3 5JU.
The VAT number for David James Estate Agents Ltd is: 568 1432 30
The VAT number for David James Lettings Ltd is: 984 4043 04
Our Data Protection Officer or Nominated Employee responsible for Company data for both companies is James Roys and can be contacted by email at james@david-james.com by telephone on 0115 962 4213, or by post at 45b Plains Road, Mapperley, Nottingham, NG3 5JU.
David James Estate Agents Ltd and David James Lettings Ltd are members of PropertyMark and the Property Ombudsman.
What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
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;
- The right to rectification if any Personal data We hold about you is inaccurate or incomplete (please contact Us using the details above);
- 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 below but if you would like Us to delete it sooner, please contact Us using the details below);
- 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;
- 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 below 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.
What Data Do We Collect?
Depending upon your use of Our Site, We may collect some or all of the following personal and non-personal data (please also see Our use of Cookies and similar technologies and Our Cookie Policy.
- Full Name
- Job Title
- Qualifications
- Telephone Number
- Mobile Number
- Email Address
- Address
- Username
- IP Address
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 GDPR at all times. For more details on security see 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
- Providing and managing your access to Our Site
- 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)
- Personalising and tailoring Our services for you
- Replying to emails from you
- Supplying you with emails (you may unsubscribe or opt-out at any time by following the unsubscribe link in these emails
- Market research
- Analysing your use of Our Site [and gathering feedback] to enable Us to continually improve Our Site and your user experience
With your permission or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email, telephone, text message or 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 GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
Third parties (including Google) whose content appears on Our Site may use third party Cookies, as detailed below. Please refer below for more information on controlling Cookies. Please note that We do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.
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. Data will therefore be retained for the following periods for 6 months unless renewed.
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, 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?
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?
We may, from time to time, expand or reduce Our business and this may involve the sale or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
In the event that any of your data is to be transferred in such a manner, you will [not] be contacted in advance and informed of the changes. When contacted you will not, however, be given the choice to have your data deleted or withheld from the new owner or controller.
How Can You Control Your Data?
In addition to your rights under the GDPR, set out in above, 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 and by managing your Account).
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 certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
You may restrict Our use of Cookies. For more information, see Our Cookie Policy.
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). We will provide any and all information in response to your request free of charge. Please contact Us for more details at james@david-james.com.
Our Use of Cookies
Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, or parties other than Us. Third party Cookies are used on Our Site for tracking services. For more details, please refer above. These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.
All Cookies used by and on Our Site are used in accordance with current Cookie Law.
Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.
Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
The following first party Cookies may be placed on your computer or device:
| Name of Cookie | Purpose | Strictly Necessary |
|---|---|---|
| ci_session | This allows the site to remember who you are as you travel through the site | Yes |
| cookie_policy | This allows us to know whether you have accepted or declined the cookie policy | Yes |
and the following third party Cookies may be placed on your computer or device:
| Name of Cookie | Provider | Purpose |
|---|---|---|
| IP_JAR, APISID, CONSENT, HSID, NID, SAPISID, SID, SIDCC, SSID | Used to remember your preferences and other information, such as your preferred language | |
Our Site uses analytics services provided by Google. 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.
The analytics service(s) used by Our Site use(s) the following Cookies:
| Name of Cookie | First/Third Party | Provider | Purpose |
|---|---|---|---|
| _ga | Third Party | Google Analytics | Used to distinguish users |
| _gid | Third Party | Google Analytics | Used to distinguish users |
| _gat | Third Party | Google Analytics | Used to throttle request rate |
| __utma | Third Party | Google Analytics | Used to distinguish users and sessions |
| __utmb | Third Party | Google Analytics | Used to distinguish users and sessions |
| __utmc | Third Party | Google Analytics | Used to distinguish users and sessions |
| __utmt | Third Party | Google Analytics | Used to distinguish users and sessions |
| __utmz | Third Party | Google Analytics | Used to distinguish users and sessions |
In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third-party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
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
If you have any questions about Our Site or this Privacy Policy, please contact Us at mapperley@david-james.com, by telephone on 0115 962 4213, or by post 45b Plains Road, Mapperley, Nottingham, NG3 5JU. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you.
Changes to Our Privacy Policy
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
Glossary
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
THIRD PARTIES
EXTERNAL THIRD PARTIES
- Service providers acting as processors based in the United Kingdom who provide:
- IT and system administration services.
- Feedback and service references
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
