PRIVACY POLICY

1.            INTRODUCTION

1.1         In this Privacy Policy:

1.1.1           references to we, us or our means Akelius Residential Limited, a limited company registered in England (company number: 07954505), whose registered office is 10 Bloomsbury Way, London, WC1A 2SL.  Our VAT registration number is 7954505;

1.1.2           references to you or your means the person accessing and using the Portal (as defined below) or the Websites (as defined below);

1.1.3           references to the Portal means the online portal for applicants and tenants  of our rental properties which is made available by us to you from time to time;

1.1.4           references to the Services means the letting and property management services that we make available to you (as an applicant for or as a tenant of our rental properties) via the Websites and Portal; and

1.1.5           references to the Websites means the websites found at www.akelius.co.uk and www.residential-akelius.co.uk.

2.            privacy policy

2.1         This policy (together with the Websites Terms of Use, Portal Terms of Use and any other documents referred to on it) sets out the basis on which we collect and use personal information about you through your use of the Websites, Portal and the Services.

2.2         This Privacy Policy describes in detail who is responsible for the personal information that we collect about you, the nature of the personal information we collect and how we will use it.  We will also set out who we disclose it to and your rights and choices in relation to your personal information.

2.3         In this Privacy Policy where we use the words personal information we use these words to describe information that is about you and which identifies you and other individuals such as your partner or other members of your family or other dependents who will be living with you at the rental property, your guarantors and referees.

2.4         You have the right to object to our use of your personal information in certain circumstances.  Please see the Your rights section below for a summary of your right to object (along with your other rights under data protection law) and the details of who to contact if you want to exercise them.  Please see the How to contact us if you need to get in touch.

3.            WHO IS RESPONSIBLE FOR THE PERSONAL INFORMATION THAT WE COLLECT?

3.1         We are the data controller for the purpose of data protection law, in respect of your personal information collected and used through your use of the Websites, Portal and Services. 

3.2         This is because we dictate the purpose for which your personal information is used and how we use your personal information.

 

4.            what PERSONAL Information do we hold about you?

4.1         We collect and use personal information about you in the course of providing the Websites, Portal and the Services.  The personal information we collect includes:

4.1.1       Information you provide to us

The information you provide to us may include:

·         your name;

·         postal address;

·         email address;

·         telephone number;

·         employment details (including your employer, employment start date, type of employment contract, manager name, salary and details of any probation period);

·         financial and credit and debit card information (which may include your national security number);

·         photograph and passport and other photographic identification information such as your driving licence, proof of your entitlement to reside in the UK; 

·         details of any guarantor (if applicable); and

·         details of your referee(s).

This includes information you provide:

(a)     when you fill in forms for us, including any rental application forms or those on the Websites or Portal;

(b)     in communications between us, including e-mails, letters, agreements and text messages;

(c)     when you register to use the Portal;

(d)     when you report a problem with the Websites or Portal; and

(e)     via our social media pages, other social media content, tools and applications.

4.1.2           Information we collect from you

(a)     technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

(b)     information about your visit to the Websites and Portal, including the full Uniform Resource Locators (URL) clickstream to, through and from the Websites and Portal (including date and time); page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number; and

(c)     information contained in and records of communications between you and us, including emails, letters and text messages.  We may also record calls between us for training, monitoring and quality control purposes.

4.1.3           Information we receive from other sources (which might include details of the supply of goods, services or utilities to your rental property and the work undertaken and the personal information listed above at 4.1.1)

(a)     information from organisations such as Zoopla and Rightmove such as any message you submit when enquiring about any of our rental properties;

(b)     information from organisations that provide utilities to the rental property at which you reside (including electricity and gas utility providers);

(c)     information from property maintenance contractors (including Streamline);

(d)     information from the local authority for the area of the rental property that you live in;

(e)     information from third party payment services providers (including Sage Pay and Barclaycard);

(f)      information from reference checking agencies (including your credit rating, details of any Count Court Judgments made against you, employment checks and landlord referencing). See section 10 for further information as to these third parties;

(g)     information (such as your image) collected via CCTV installed at any of our rental properties.  CCTV may be installed externally at a rental property or internally in the communal areas.  CCTV footage is collected for the prevention and detection of crime and are stored on average for a period of three (3) to six (6) weeks before being deleted (unless it is required for the investigation or prosecution of a crime); and

(h)     information we obtain from individuals who you have listed as references in your rental application form (including details of your character and personal background).

4.2         We may also collect certain sensitive personal information about you, your partner and members of your family or other dependants who will be living with you at the rental property.  This may include information concerning your relationship status, health or the health of any persons living in the rental property or otherwise accessing the rental property (for example, where this requires us to alter the way we perform the Services).  We don't collect this information as a matter of routine practice.  But if you choose to provide it to us, we will obtain your explicit consent.

5.            information about third parties

5.1         In the course of using the Services, you may give us personal information about other people, including:

5.1.1           other occupiers of the rental property you live at or are applying to live at (for example, your partner, members of your family or other dependants);

5.1.2           your guarantor(s);

5.1.3           your referee(s); or

5.1.4           your next of kin.

5.2         For example, the personal information we collect in respect of:

5.2.1           guarantors may include the personal information set out in the sections above on What personal information do we hold about you? and Information you provide to us;

5.2.2           permitted occupiers includes their name, relationship to you, address, telephone number and email address;

5.2.3           referees includes their name, relationship to you, address, telephone number and email address;

5.2.4           next of kin includes their name, relationship to you, address, telephone number and email address; and

5.2.5           other tenants includes their name, relationship to you, address, telephone number, employer and email address.

5.3         We will use this personal information in accordance with this Privacy Policy.  If you are providing personal information about another person, you confirm that you have the consent of that person to share their personal information with us and that you have made the information in this Privacy Policy available to that person.

6.            how do we use the personal information we collect about you?

6.1         We use your personal information in connection with the provision of Websites, Portal and the Services to you.  Under data protection law we can only use your personal information if we have a proper reason to do so (this is also known as a legal basis).   Examples of where we have a legal basis include when:

 

6.1.1           we have your consent;

6.1.2           it is necessary to enter into or perform a contract with you;

6.1.3           it is necessary to comply with a legal obligation;

6.1.4           it is necessary in order to protect your vital interests or

6.1.5           it is in our legitimate interests.

6.2         Where we rely on our legitimate interests we mean our:

6.2.1           pursuit of our commercial activities and objectives, or those of a third party;

6.2.2           compliance with applicable legal and regulatory obligations and any codes of conduct;

6.2.3           improvement and development of our business operations and service offering, or those of a third party; or

6.2.4           protection of our business, shareholders, employees and customers, or those of a third party.

6.3         We have set out our reasons for using your personal information in the table below under the heading Legal Basis.  Where we rely on our legitimate interests, we have set out those interests in the table below. 

6.4         You have the right to object to our use of your personal information at any time.  Please see the Your rights section below for a summary of your right to object and the details of who to contact if you want to exercise them.   Please see the How to contact us if you need to get in touch

 

Purpose

Legal Basis

To communicate with you and other individuals including your guarantor(s) and referee(s).

This is in our legitimate interests to enable us to provide the Services to you.

To carry out our obligations arising from any contracts entered into between you and us (including your Tenancy Agreement) and to provide you with the Services.

This is to perform our contractual obligations with you.

To manage our business.

This is in our legitimate interests because this furthers our aims and objectives.

To assess your tenancy application and decide whether your application will be successful.

This is in our legitimate interests to enable us to provide our Services to you.

It is also necessary in order to take steps at your request prior to entering a contract.

To make an assessment of affordability and for debt recovery purposes for example, in relation to your ability to make payments of rent, damages deposits and service charges.

This is in our legitimate interests to enable us to process your application for a rental property and to be able to provide the Services to you.

It is necessary for entering into entering into and performing a contract with you.

To provide you with information about the services we offer (including details of any properties which we believe may be of interest to you) in accordance with your preferences as indicated when you enter into a Tenancy Agreement with us, including any marketing consent preferences.

We may send you these details in accordance with any consent you have given us.

To monitor and record calls.

This is in our legitimate interest for staff training and quality purposes.

To carry our credit reference checks

This is in our legitimate interests in order for us to: (i) assess whether you can afford the rent on the rental property that you are applying for; (ii) check the information you have given us; (iii) trace and recover any debts; and (iv) detect and prevent financial crime and money laundering.

For contacting next of kin in an emergency situation.

This is necessary in order to protect your vital interests.

To notify you about changes to the Websites, Portal and Services.

This is in our legitimate interests to in order for us to manage our relationship with you, and to keep you updated as to changes to our Website, Portal and Services .

To improve the quality of the Websites, Portal, Services and our training.

This is in our legitimate interests to enable us to improve and develop our business operations, the Websites, Portal and Services.

To manage complaints, feedback and queries.

This is in our legitimate interests to enable us to improve and develop our business operations and the services we offer.

To comply with any legal or regulatory obligations (including in connection with a court order).

This is necessary for us to comply with our legal obligations.

To enforce or apply the agreements concerning you (including agreements between you and Akelius Residential Limited).

Depending on the circumstances:

·         this is necessary for our legitimate interests in order to conduct and manage our business;

·         for performing our contract with you; or

·         in connection with legal proceedings (i.e. the establishment, exercise or defence of legal claims).

To prevent and detect fraud, financial crime and anti-money laundering.

Depending on the circumstances:

·         this is necessary for us to comply with our legal obligations; or

·         this is necessary for our legitimate interests in order to conduct and manage our business.

For the prevention and detection of crime.

The processing of CCTV images is necessary for:

·         our legitimate interests in order to protect our business, and to prevent and detect crime.

·         the processing may also be necessary in connection with legal proceedings (i.e. the establishment, exercise or defence of legal claims).

Where the personal information constitutes details of criminal offences or activity, we will process the information on the basis that it is necessary for the prevention or detection of unlawful acts.

 

6.5         Where we process your personal information on the legal basis of our legitimate interests (as set out in the table above), we have carefully considered and assessed your rights and freedoms which require protection of your personal information in respect of each specific purpose.  Having undertaken this assessment, we have determined that our legitimate interests are not overridden by your rights under data protection laws.  If you would like further information about how we have balanced your rights and freedoms against our legitimate interests, please get in touch using the details at the How to contact us section below.

6.6         We may be required to obtain your personal information to comply with our legal requirements, to enable us to fulfil the terms of our contract with you or in preparation of us entering into a contract with you.  If you do not provide the relevant personal information to us, we will not be able to provide the Portal and Services to you.

7.            who may we disclose your PERSONAL information to?

7.1         You agree that we may share your personal information with:

7.1.1           our business partners, suppliers and sub-contractors for the performance of any contract we enter into with you (for example, any property maintenance contractors, inventory companies or third party payment services provider);

7.1.2           Yardi Systems, Inc. who operate the Portal on our behalf;

7.1.3           Rent4sure Limited (Rent4sure), who provide us with tenant referencing services. We or our third party, Rent4sure, will share your name, current address, mobile number, email address, credit and debit card information and details of the tenants named in the Tenancy Agreement, together with any guarantor(s), with reference checking agencies for certain checks to be undertaken (see section 7.1.10 below for further details).  The reference checking agency will then contact you, the other tenants and the guarantor(s) directly to undertake these checks;

7.1.4           organisations that provide utilities to the rental property at which you reside;

7.1.5           the council for the area in which the rental property at which you reside is located;

7.1.6           other companies and entities within the Akelius group (which we are a member of);

7.1.7           any tenancy deposit scheme provider that we may use;

7.1.8           our professional advisors (including accountants and lawyers) that assist us in carrying out our business activities;

7.1.9           external agencies and organisations (including the police, the relevant local authority, the UK Visas and Immigration department and other law enforcement agencies) for the purpose of complying with applicable legal and regulatory obligations;

7.1.10        reference checking agencies who undertake certain checks on our behalf about you  (including credit reference checks, details of any County Court Judgments entered against you, employment checks and landlord referencing) for the purpose of assessing your application; and

7.1.11        analytics and search engine providers that assist us in the improvement and optimisation of the Websites and Portal.

7.2         We will also disclose your personal information to other third parties, for example:

7.2.1           in the event that we (or the freeholder of the rental property at which you reside, if not us) sell or buy any business or assets (including the property at which you reside), we or the freeholder (as applicable) will disclose your personal information to the prospective seller or buyer of such business or assets;

7.2.2           if we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our corporate group), personal information held by us will be one of the transferred assets; and

7.2.3           if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our Website Terms of Use or Portal Terms of Use.

 

8.            Where will we transfer your personal information?

8.1         We will process your personal information within the European Economic Area.

8.2         Unfortunately, the transmission of information via the internet is not completely secure.  Although we will do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Websites and Portal and any transmission is at your own risk.  Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorised access.

9.            how long will we keep your personal information for?

9.1         If you are a tenant, we will keep your personal information for the duration of your tenancy and a period of 6 years after your tenancy ends unless your personal information is collected for a right to rent check, in which case we will keep this personal information for the duration of your tenancy and a period of 1 year after your tenancy ends.

9.2         We will also keep the personal information of occupiers of the property and guarantors for the same periods as set out in section 9.1, unless the individual is no longer a guarantor and in such circumstances we will no longer retain the guarantor's personal information.

9.3         If you submit an application for a rental property via the Portal but do not become a tenant, we will keep your personal information for a period of 6 years after your application was submitted.

9.4         CCTV images are retained in accordance with the retention periods in section 4.13(g) above.

9.5         For further information about how long we keep your Personal Information, please get in touch using the details at the How to contact us section below.

10.         How we use automated decision making when we process your personal information?

10.1       To help us assess your suitability for renting one of our properties, decisions will be made about you using automated computer software on a system.  This is known as automated decision making.

10.2       When undertaking automated decision making, we will use the personal information we have about you or are allowed to collect from others.  For example, when you are applying to rent one of our rental properties we will need to carry out a credit history check.  

10.3       We will use third parties such as Rent4sure (who provide us with tenant referencing services) to undertake these checks about you on our behalf.

10.4       The systems apply pre-defined logic programming and criteria to make a decision and these decisions do not involve human input.

10.5       Your rights

You have the right to challenge any automated decision with us directly.  You can object to an automated decision, ask that we do not make automated decisions about you and ask that a person reviews it.  If you want to know more details about your rights, please contact us using the details at the How to contact us section below.

11.         Credit reference agencies

11.1       As mentioned above, when you are applying to rent one of our rental properties we need to carry out a credit history check. 

11.2       We use a third party, Rent4sure, to provide us with tenant referencing services.  As a part of that service, Rent4sure will use a third party credit reference agency on our behalf to undertake these checks about you.  The credit reference agency used is Callcredit Information Group (Callcredit).  For further information on Callcredit, please see www.callcredit.co.uk.

11.3       We (and Rent4sure) will also use the information that Callcredit has about you such as details of your financial situation and history and credit position.  We use this information to:

11.3.1        assess whether you can afford the rent on the rental property that you are applying for;

11.3.2        check the information you have given us;

11.3.3        trace and recover any debts;

11.3.4        detect and prevent financial crime and money laundering.

11.4       When Callcredit is asked about you this will show up on your credit file.  Other organisations may be able to see this too as we and Rent4sure may be able to see other credit searches undertaken about you. 

11.5       If you apply for any of our rental properties with another person (such as your spouse, partner or civil partner), your records will be linked with theirs both by us, Rent4sure and Callcredit.  Credit searches will also be made against them – you should make sure that they know that a credit search about them will be carried out and that your financial records will be linked.

11.6       Your rights

11.6.1        You have the right to apply to a credit reference agency for a copy of your credit file.

11.6.2        There are different agencies so please be aware that the information they hold may not be the same.  There is a small fee that you may need to pay to each agency that you apply to. The address of the credit reference agency we currently use is set out below:

11.6.3        Callcredit Information Group, Customer Services Team, One Park Lane, Leeds, West Yorkshire LS3 1EP

11.6.4        You can call Callcredit on 0330 024 7574 or log on to www.callcredit.co.uk.

11.7       Further information on credit reference agencies

11.7.1        You can also find out more information about credit reference agencies by reading the Credit Reference Agency Information Notice each agency makes available on its website (see www.callcredit.co.uk/crain for a copy of Callcredit's notice). 

11.7.2        These notices will:

(a)     tell you about the credit reference agency;

(b)     provide further details on the information they hold and how they use it;

(c)     let you know who the credit reference agency shares information with and why;

(d)     explain how the credit reference agency works with fraud prevention agencies;

(e)     give you information on your rights.

12.         Your rights

You have certain rights with respect to your personal information.  The rights will only apply in certain circumstances and are subject to certain exemptions.  Please see the table below for a summary of your rights and who to contact to exercise them. 

 

 

Summary of your rights

Who to contact

Right of access to your personal information

You have the right to receive a copy of your personal information that we hold about you and information about how we use it, subject to certain exemptions.  

info@akelius.co.uk

Right to rectify your personal information

You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.

info@akelius.co.uk

Right to erasure of your personal information

You have the right to ask that your personal information be deleted in certain circumstances.  For example:

·         where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used;

·         if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information;

·         if you object to the use of your personal information (as set out below);

·         if we have used your personal information unlawfully; or

·         if your personal information needs to be erased to comply with a legal obligation.

info@akelius.co.uk

Right to restrict the use of your personal information

You have the right to suspend our use of your personal information in certain circumstances.  For example:

·         where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information;

·         the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead;

·         we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or

·         you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.

info@akelius.co.uk

Right to data portability

You have the right to obtain your personal information that you provided to us in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies where the use of the personal information that you provided is based on your consent or for the performance of a contract with you, and when the use of your personal information is carried out by automated (i.e. electronic) means.

info@akelius.co.uk

Right to object to the use of your personal information

You have the right to object to the use of your personal information in certain circumstances. For example:

·         where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party) including for profiling; and

·         if you object to the use of your personal information for direct marketing purposes, which includes profiling to the extent it relates to such direct marketing.

info@akelius.co.uk

Right to object to decision which is based solely on automated processing

You have the right in certain circumstances not to be subject to a decision which is based solely on automated processing without human intervention. 

info@akelius.co.uk

Right to withdraw consent

You have the right to withdraw your consent at any time where we rely on consent to use your personal information.

info@akelius.co.uk

Right to complain to the relevant data protection authority

You have the right to complain to the relevant data protection authority, which is in the case of Akelius Residential Limited, the Information Commissioner's Office, where you think we have not used your personal information in accordance with data protection law.

info@akelius.co.uk

 

13.         HOW TO COMPLAIN

13.1       If you think there is a problem with how your personal information is being handled, please contact us by using the contact details below.

13.2       You also have the right to complain to the Information Commissioner's Office who can be contacted on 0303 123 1113.  Please also see www.ico.org.uk.

14.         Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, we will give you reasonable notice of any changes.

15.         Cookies

The Websites and Portal use cookies to distinguish you from other users of the Websites and Portal.  This helps us to provide you with a good experience when you browse the Websites and Portal and also allows us to improve the Websites and Portal.  For detailed information on the cookies we use and the purposes for which we use them, please see our Cookie Policy.

16.         HOW TO CONTACT Us

16.1       If you have any questions regarding this Privacy Policy or the way we use your personal information, you can contact us by:

16.1.1        telephone on 02078719695;

16.1.2        email at info@akelius.co.uk; or

16.1.3        post at 10 Bloomsbury Way,  London, WC1A 2SL.

This Privacy Policy was last updated on 25 May 2018.