Privacy and Cookies Notice

Baden Properties is committed to ensuring that your privacy is protected, and our use of your personal information is governed by this Privacy Notice. On this site, “Baden Properties”, “our” and “we” each mean J Baden Properties Limited which collects and uses your information in the manner set out in this Privacy Notice. Any reference to “you” or “your” refers to anyone whose personal information we process.

1. Introduction

Baden Properties 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.

This Privacy Notice explains:

• What personal information is
• How we collect your personal information
• The types of personal information we collect
• How we use your personal information and the legal basis we rely on to use it
• 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 contact us
• Our use of cookies

If there are any changes to the way in which your personal information is used, this Privacy Notice will be updated.

2. What is personal information

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

3. What personal information do we collect?

We will collect your full name and contact details (such as phone number, email address and postal address) from you whenever you engage with us.

In addition, if we are providing our services to you, or on your behalf, where we are required to do so by law, we will collect information relating to your identity, which will be at least one form of photographic identification (such as a passport, a driving licence or an identification card) and one form of documentation with proof of your place of residence (such as a recent utility bill).

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

Buy, Sell or View

If you are buying, selling or viewing a property through us;

• We will collect a contact telephone number to get in touch with you about organising viewings and updating you on any offers received.
• Where you have enquired about buying a specific property, we will use your contact details to respond which may include us sending you alternative properties to help with your search.
• Where you are not the legal owner of the property, we will request details from you as to your ability to sell or let the property such as a Power of Attorney, Guardianship Order or Grant of Probate.
• Where you engage with Baden Properties, we may collect information required to identify you to meet anti-money laundering and counter terrorist financing requirements. If we are dealing with an entity such as a company, trust or charity, we may need to obtain personal information for the beneficiaries of the entity and those in a position of control. This will include, but is not limited to, identity and address documents. We may also need to collect information on other individuals who have an interest in the property who are not considered to be our customers.
• Where we are working alongside third parties such as solicitors, developers, joint or multi agents, we may need to share these documents on the basis of legitimate interests.
• If you wish to purchase a property we are listing for sale, we will (where you have specifically provided us with these) collect personal information relating to any specific access requirements you may have in relation to a property so that we can find a property that is suitable for your needs. We will also collect personal information required to source a property for you and, where required, negotiate the purchase of a property on your behalf.

News, market research and other updates

If you subscribe to receive research, news or other market updates from us, then in addition to the above we will collect details about the type of content that you would like to receive.

4. How we use your personal information and the legal basis new rely on to use it

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 the processing is necessary for us to carry out activities for which it is in Baden Properties’ 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 that is necessary for us to promote our business, brand and services and measure the reach and effectiveness of our campaigns – this will 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 that is necessary to improve our knowledge of the property market – this will include undertaking market analysis and research so that we better understand trends in the property market and provide better knowledge along with more tailored and relevant services for our customers in the future.
  • Processing 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 create 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 specialise in such services; processing for network and information security purposes i.e. in order 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.

Specific information on how your personal information will be used for the particular services you have requested from us is provided below.

Buy, Sell or View

• We use your personal information for the purposes of fulfilling our obligations to you to sell your property or, if you are a buyer or viewer, for the purpose of arranging viewings, obtaining feedback, and arranging a contract for sale for you.
• We will use your personal information to conduct due diligence in accordance with other legal or regulatory obligations
• We will share your personal information with your appointed solicitors and the solicitors and agents acting for the other side of the deal as is necessary to facilitate the sale or purchase. We may also share your personal information with joint or multi agents or developers.
• We will share your personal data with third party referencing agencies for the purposes of the prevention and detection of crime, fraud and/or money laundering. In such circumstances, the third-party referencing agency may act as a data controller for your information.

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.
• Where we use 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 will hold your personal information on our client management systems and use this to provide you with marketing information about similar services offered by Baden Properties to those which you have engaged us to provide which we feel you might find useful from time to time. You can opt out of receiving this information at any time.

What happens if you do not provide information that we request?

We need some of your personal information to perform 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; and
• where you have asked us to find you a property which meets certain access requirements, we may need to know some further details about your circumstances so that we can find you a suitable property.

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 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:

• Our electronic files are stored on a secure system and access to that system is restricted to those within the business who are required to have access to your information for legitimate business purposes.

We ensure access to personal information is restricted to Baden Properties’ personnel on a need-to-know basis. Training is provided to any of those Baden Properties’ personnel who need access to personal information.

6. How long do we keep your personal information?

The period for which we will keep your personal information will depend on the type of service you have requested from us. 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

We may transfer, store, or process your personal information in locations outside the UK. Where the countries to which your personal information is transferred do not offer an equivalent level of protection for personal information to the laws of the UK, we will ensure that appropriate safeguards are put in place. We’ll use one of the following safeguards:

• Transfer the information to another country that has received an adequacy decision from the UK government. This means that country has privacy laws that give the same protection as within the United Kingdom.
• Put in place approved standard contractual clauses with the recipient. This means that they must protect it to the same standards as organisations within the UK.

8. Your rights in relation to your personal information

You have several rights in relation to your personal information, including 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 is corrected if you believe it is incorrect, incomplete or inaccurate
• In certain circumstances, request that we erase your personal information.
• In certain circumstances, ask us to restrict our data processing activities.
• 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 julia@badenproperties.co.uk.

Please note that we will keep a record of the fact that you have made a request to exercise your rights, and our response to your request, in order to demonstrate compliance with our data protection obligations and so that we can handle any queries, complaints or claims in relation to your request. This record will be kept in accordance with our retention policies at section 6 above.

9. How to contact us

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 hello@badenproperties.co.uk or writing to J Baden Properties Limited at America House, Rumford Place, Liverpool L3 9DD.

Complaints

Baden Properties is committed to providing a professional service to all our clients and customers; however, we understand that sometimes things don’t happen as expected. If something goes wrong, we would like you to tell us about it so that we can improve the quality of service we provide.

If you have a complaint, please put it in writing (either by post to Baden Properties, America House, Rumford Place, Liverpool, L3 9DD or by email to hello@badenproperties.co.uk including as much detail as possible. We will then respond in line with the timeframes set out below (if you feel we have not sought to address your complaint within eight weeks of receiving it, you may be able to refer your complaint to the Property Ombudsman to consider without our final viewpoint on the matter).

What will happen next?

• We will send you a letter acknowledging receipt of your complaint within three working days of receiving it, attaching a copy of this procedure. This letter can be sent electronically.
• We will then investigate your complaint. This will be dealt with by Julia Baden, owner of Baden Properties who will review your file.
• A formal written outcome of our investigation will be sent to you within 15 working days of sending the acknowledgement letter.

If you remain dissatisfied, you can then contact The Property Ombudsman to request an independent review:

The Property Ombudsman Ltd

Milford House

43-45 Milford Street

Salisbury

Wiltshire

SP1 2BP

Tel: 01722 333 306

Website: www.tpos.co.uk

Please note the following:

You will need to submit your complaint to The Property Ombudsman within 12 months of receiving our formal written outcome, including any evidence to support your case.

The Property Ombudsman requires that all complaints are addressed through this procedure before being submitted for an independent review.

10. Our use of cookies

What is a cookie?

A cookie is a small text file that is downloaded onto your computer when you visit certain websites and allows a website to recognise a user’s computer. Cookies are used to help users navigate websites more efficiently and to perform certain functions, as well as to provide information to the owners of the website.

What cookies do Baden Properties use?

When browsing our website, cookies that are strictly necessary for the performance and function of the website are automatically utilised.

How do I restrict or delete cookies?

You may delete and block all cookies from this website, but please be aware that restricting or deleting cookies may impact on the functionality of the website.

Your web browser may allow you to restrict or delete cookies set by this website. The Help function within your browser should tell you how. Alternatively, you can visit www.allaboutcookies.org which provides general information about cookies and how you can manage cookies on your computer.