This is the privacy notice of Martin Walker Estate Agents Ltd, trading as Martin Walker incorporating Jones Robinson. In this document, "we" or "us" refers to Martin Walker Estate Agents Ltd.
For the purpose of the Data Protection Act 1998 and General Data Protection Regulation EU 2016/679, the data controller is Martin Walker Estate Agents Ltd, company number 06854647 registered in England. Our registered office is at Countrywide House, 23 West Bar, Banbury, OX16 9SA
We are registered with the Information Commissioner’s Office.
We are committed to ensuring that your privacy is protected and will treat all information held about you in accordance with this policy. We understand that all users of our website are quite rightly concerned to know that their data will not be used for any purpose unintended by them and will not accidentally fall into the hands of a third party. Our policy is both specific and strict. It complies with UK law. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us. We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately. Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.
1. The information we collect
The personal information we collect from you will typically include the following:
- Full name and contact details (including your contact number, email and postal address)
- Information relating to your identity where we are required by law to collect this to comply with the Money Laundering Regulations 2017 and the Immigration Act
- Information on your close connections where we are required to conduct conflicts of interests under regulatory obligations
- Your banking details where required such as where you are letting a property or, where renting, to set up an approved tenancy deposit account for you and arrange for rental payments
- Information on any access requirements you have necessary to enable us to find suitable properties for you, which may consist of special category personal data comprising details of any disability or other health information about you
- Details about your areas of interest where we wish to send you marketing information about similar products and services
- Your communications with us, including a record of the email or telephone correspondence created when you contact us as part of a product or service query
Where we need to collect personal data by law (for example to meet our obligations to prevent fraud and money laundering) or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
2. Processing personal data
The legal grounds under data protection legislation for processing your personal data are as follows:
- It is necessary for the performance of a contract to which you are a party, or to take steps prior to entering into a contract with you, for us to provide you with our products and services
- You have given us explicit consent to the processing of your personal data for one or more specific purposes, namely 1) where you have given us consent to receive electronic marketing by us and/or 2) to process your Special Category Personal Data described above. You do not need to provide us with marketing consent in order to receive our services
- It is necessary for the purposes of our legitimate interests, except where our interests are overridden by the interests, rights or freedoms of affected individuals (such as you). To determine this we shall consider a number of factors, such as what you were told at the time you provided your data, what your expectations are about the processing of the data, the nature of the data, and the impact of the processing on you. Our legitimate interests include processing necessary data to improve and to promote our services and products and to better understand our customers’ interests and knowledge of the property market and to administer the technical aspects of our service and products.
- Where we need to comply with a legal obligation; or in rare circumstances
- 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 will hold and use personal information about you in the following ways:
- To fulfil our obligations to you when providing you with our property services
- To share your information with others where necessary to fulfil our property services for you or where we are acting as agents for a third party on your behalf
- To comply with our statutory and regulatory obligations, including verifying your identity, prevention of fraud and money laundering and to assess your credit worthiness
- Communicate with you during the course of providing our services, for example with your enquiries and requests
- Statistical purposes so we can analyse figures to help us manage our business and plan strategically for the future
- To provide you, or to enable third parties to provide you, with information about goods or services we feel may interest you, where you have provided permission for us to do so or, if you are an existing customer only, where we choose to contact you by electronic means (including e-mail or SMS) with information about our own goods and services similar to those which you have already obtained from us or negotiated to obtain from us. You can opt out at any time from receiving these marketing messages
- To notify you about changes to our service
- To ensure that content from our site is presented in the most effective manner for you and for your computer
3. Marketing information
We will only pass your email address and name to selected associates whom we consider may provide services or products you would find useful if we have your consent. As detailed previously, you may opt out of these communications by updating your preferences at any time, or by contacting us direct.
4. Data Retention
We will retain your personal data for different periods depending on the service you have chosen to use us for, which may be a longer period than that for which we need to hold your data to provide those services, i.e. where we are under regulatory or statutory duties to hold your data for a longer period or need to retain it in the event of a legal claim or complaint.
We keep information which forms part of our business records for a minimum of six years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.
Where we have used your personal information to contact you for marketing communications we will contact you periodically to ensure you are happy to continue receiving communications from us. If you tell us that you no longer wish to receive marketing communications from us, we will amend your details accordingly.
Where we have processed your data for any other reason (for example where you have viewed a property with us) we will retain your data for 2 years.
5. Your domain name and e-mail address
are recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances divulge your e-mail address to any person who is not an employee or contractor of ours and who does not need to know, either generally or specifically.
This information is used:
- to correspond with you or deal with you as you expect
- in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site
- to send you details about properties
- to tell you about other news or services, based on your contact preferences
6. Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
7. Website usage information
Some companies within the Jones Robinson Group use a third-party service, Yomdell, to facilitate our website chat function. When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business / organisation. We may keep personally identifiable information associated with your message, such as your name or email address.
Our website is managed by Omcore, a software used for publishing property details and content on the website and for capturing inbound customer enquiry data. All website data is transmitted via an encrypted connection secured with HTTPS. Any personal data collected is used solely for the purpose of handling the enquiry and stored for the term as outlined.
8. Search engine, Security & Performance
Our website search is provided by Omcore. Search queries and results are logged anonymously to help us improve our website and search functionality. No user-specific data is collected by us or any third party. We use this third-party service to help maintain the security and performance of our website. To deliver this service it processes the IP addresses of visitors to the Martin Walker incorporating Jones Robinson website.
9. Links to other websites
This privacy notice does not cover the links within this site linking to other websites. We encourage you to read the privacy statements on the other websites you visit.
We use a third-party provider, Brief Your Market, to deliver our regular e-newsletters. We gather statistics around email opening and clicks using industry standard technologies including clear gifs to help us monitor and improve our e-newsletter. For more information, please see Brief Your Market’s privacy notice.
11. Note on padlock symbols and other trust marks
Many companies offer certification and an icon or other small graphic to prove to site visitors that the site is safe. Some certify to a high level of safety. We do not handle transactions by credit card so do not subscribe to any such service. However, we suggest you assess this notice to judge that we do take your privacy seriously.
Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.
Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser) or may remain on your computer until you delete them or until a defined period of time has passed.
12.2 to allow essential parts of our web site to operate for you.
12.3 to operate our content management system.
12.4 to operate the online notification form - the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser.
12.5 to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.
12.6 to collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.
12.7 to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.
12.8 to record your activity during a web cast. For example, as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for a period of time after which it will delete automatically.
12.9 to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for a period of time after which it will delete automatically.
12.10 to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube's privacy-enhanced mode.
We use a third-party, MFG, to manage our IT functions including our highly secure and robust e-mail service. The traffic between terminals and emails is encrypted and this can be confirmed by the web address “https:/…….”. This denotes there is SSL encryption in place. This is similar to when a padlock icon appears when you are in a browsing session.
We also monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send is within the bounds of the law.
14. Financial information about your direct debit
When you have agreed to set up a direct debit arrangement, the information you have given to us is passed to our own bank for processing according to our instructions. We do keep a copy.
We are registered under the direct debit guarantee scheme. This provides for the customer's bank to refund disputed payments without question, pending further investigation. Direct debits can only be set up for payments to beneficiaries that are approved "originators" of direct debits. In order to be approved, these beneficiaries are subjected to careful vetting procedures. Once approved, they are required to give indemnity guarantees through their banks.
15. Credit reference
To assist in combatting fraud, we share information with credit reference agencies so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
16. Third party advertising
17. Our third-party contacts
Our companies within the Jones Robinson Group share your data with some or all of the following third parties when marketing a property. The companies listed are only allowed to use the information as authorised and have confirmed to us that they are all compliant with the general data protection regulations.
We will advise you in advance of the details of any occasional or one-off contractors we may have to use who are outside this list.
- Etsos provide ID verification prior to the marketing of a property in line with the Anti-Money Laundering Regulations 2017.
- Alpha, Esther Barker, Streamline Property Services, Malcolm Perry, David Bennett all provide our Energy Performance Certificates (EPC) in line with the current law
- BriefYourMarket software to assist with our property emailing campaigns
- Fine & Country jointly market our Newbury area higher value properties and may share your data with their associated companies (ehouse Ltd; Evolve Partnership Ltd; freelance property writers Alice Roberton, Anne Tooher, Caroline Shaikh, Gillian Donald, Hannah Clarkson, Pat Hope; Paysafe Group Ltd)
- Area software manage our incoming sales and lettings leads
- Jupix/Vebra Alto’s (Customer Relationship Management (CRM)) software for our sales properties and applicants
- LetMC (CRM) software for our rental properties and applicants
- Fixflo manage our maintenance reporting facility for our managed rental properties
- The Lettings Hub process our tenant credit references
- Phoenix Inventories, Very Smart Inventories and Touchright produce our rental property inventories
- Quickbooks software for our managed blocks/properties
- J&N Complete Services are our 24-hour emergency maintenance contractors for our managed rental properties
- Utilitease and Help With Move help our tenants switch utility suppliers
- 4site are used for holding and managing information about block management to ensure minimum standards are met
- Deposit Protection Scheme (DPS) and Tenancy Deposit Service (TDS) to register tenant deposits
- Docusign for electronic signature of some of our documents and contracts
- Agency Express provide our For Sale and To Let boards
- First Xtra are our recommended financial advisors and we will only share your data with them if we have your consent
- Live (Jones Robinson Conveyancing) /Convey Law are our recommended conveyancers and we will only share your data with them if we have your consent
- Boomerang are authorised to collect our customer reviews
- Acaboom provide digital presentations for valuation purposes
- ValPal are our online valuation software service
- Red Spot Storage and Oasis Storage store our archived data
We will also pass your details where necessary to your property solicitors and those of the other party to your transaction. We will also disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets
- If our company or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets
- If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation (for example to provide chain details to other agents where a sale is agreed), or to protect the rights, property, or safety of our company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We will not share your information with third parties for marketing purposes without first obtaining your prior consent.
18. Calling our office
When you call our office, we may collect Calling Line Identification (CLI) information. We use this information to help improve the efficiency and effectiveness of our help line. Some calls may be recorded for training and monitoring purposes.
When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and, if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
20. Third-party content
Our website is a publishing medium in that anyone may register and then publish information about himself or some other person. We do not moderate or control what is posted. If you complain about any of the content on our website, we shall investigate your complaint. If we feel it may be justified, we shall remove it while we investigate. Free speech is a fundamental right, so we have to make a judgement as to whose right will be obstructed: yours, or that of the person who posted the content which offends you. If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
21. Job application and employment
If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date. If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.
22. Content you provide to us
If you provide information to us with a view to it being read, copied, downloaded or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to all the world, you have no control whatsoever as to how it is used.
23. Information we obtain from third parties
Although we do not disclose your personal information to any third party (except as set out in this notice), we do receive data which is indirectly made up from your personal information, from software services such as Google Analytics and others. No such information is identifiable to you.
24. Disclosure to Government and their agencies.
We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
25. Sale of your personal information
Except as specified above, we do not rent, sell or otherwise disclose any of your information to any person outside our business.
26. Data may be "processed" outside the UK
Our web sites are hosted in the EU. We may use outsourced services in countries outside the EU from time to time in other aspects of our business. Accordingly data obtained within the UK may be "processed" outside the UK and data obtained in any other country may be processed within or outside that country.
27. Compliance with the law
This confidentiality policy has been compiled to comply with the law of every jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your country, we should like to hear from you, but ultimately it is your choice as to whether you wish to use our website.
28. Access to personal information
At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address at the head of this notice. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information. You have certain rights in respect of the management of the personal data we hold about you. You can exercise any of these rights by contacting us. The easiest way to get in touch is by emailing us at firstname.lastname@example.org
Right of Access
You are entitled to receive confirmation as to whether your personal information is being processed by us, as well as various other information relating to our use of your personal information. You also have the right to access your personal information which we are handling.
The Right of Rectification
You have the right to require us to rectify any inaccurate personal information we hold about you. You also have the right to have incomplete personal information we hold about you completed, by providing a supplementary statement to us.
The Right to Data Portability
You have the right to receive the personal information we hold about you in a structured, standard machine readable format and to send this to another organisation controlling your personal information.
The Right of Erasure
You have the right to require us to erase your personal information which we are handling in the following circumstances:
We no longer need to use your personal information for the reasons we told you we collected it for
Where we needed your consent to use your personal information and you have withdrawn your consent
You object to our use of your personal information and we have no compelling reason to carry on handling your personal information
Our handling of your personal information has broken the law
We must erase your personal information to comply with a law we are subject to
Your Right to Object
You have the right to object to us handling your personal information when:
We are handling your personal information based on our legitimate interests (as described in section 2). If you ask us to stop handling your personal information in this way, we will stop unless we can show you that we have compelling grounds as to why our use of your personal information should continue for marketing purposes. If you ask us to stop handling your personal information on this basis, we will stop
29. Disclosure of personal information, queries and complaints
There will be circumstances that require us to disclose your personal information, for example
- circumstances where we can pass on personal data without consent for example, to prevent and detect crime and to produce anonymised statistics;
- our instructions to staff on how to collect, use and delete personal data
Under UK law we are subject to review by the regulatory body, the ICO (Information Commissioner’s Office), that oversees data protection law. Any concerns regarding use of your personal data should be directed to email@example.com in the first instance.
We try to meet the highest standards when collecting and using personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring it to our attention if they think that our collection or use of information is unfair, misleading or inappropriate. We would also welcome any suggestions for improving our procedures.
When we receive a complaint from a person we make up a file containing the details of the complaint. This normally contains the identity of the complainant and any other individuals involved in the complaint. We usually have to disclose the complainant’s identity to whoever the complaint is about. This is inevitable where, for example, the accuracy of a person’s record is in dispute. If a complainant doesn’t want information identifying him or her to be disclosed, we will try to respect that. However, it may not be possible to handle a complaint on an anonymous basis.
We will only use the personal information we collect to process the complaint and to check on the level of service we provide. We will keep personal information contained in complaint files in line with our retention policy. This means that information relating to a complaint will be retained for two years from closure. It will be retained in a secure environment and access to it will be restricted according to the ‘need to know’ principle.
30. Removal of data
If you wish us to remove personally identifiable information from our website, you may contact us on 01635 35010. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
Updated May 2018