Your information
How your personal information is used by Just Mortgages and the Just Mortgages family of companies…
Your information will be held electronically by Spicerhaart Group Services Limited, which is a processor
of information for our trading names such as haart, Felicity J Lord, Chewton Rose, Haybrook, Darlows,
Butters John Bee, B.C.Holt, Howards, Just Mortgages, Spicerhaart Corporate Sales, Land & New Homes
and Valunation which are trading brands owned by the Spicerhaart Group.
Further information on our group of companies can be found at www.spicerhaart.co.uk
Introduction
This Privacy Policy forms part of Spicerhaart Group Services Limited (“Spicerhaart”) obligation to be
open and fair with all individuals whose personal data we process and to provide details around how we
process such personal data and what we do with it.
Spicerhaart is committed to safeguarding the privacy of personal data and complying with the European
General Data Protection Regulation (2016/679) and the Data Protection Act 2018, and any future
changes in data protection legislation with which Spicerhaart will be required to comply.
When selling, purchasing, renting or financing a property (including surveying services) through our
group we process your personal data such as name, address, contact details, email address and passport
amongst other things. Processing of this data implies collecting, storing, using or disclosing your
personal data.
If You consent to be notified of, or receive other products or services from Spicerhaart, or use any of our
websites, You may be provided with further privacy notices which may be contained in a separate policy
or within any terms and conditions. These additional privacy notices shall supplement this Privacy Policy.
This Privacy Policy relates to the processing of personal data by Spicerhaart and any of its subsidiaries
and high street brands. Unless otherwise stated, all references to “we” or “our” shall imply all
Spicerhaart lines of business that process personal data.
None of the lists or examples provided in this Privacy Policy is intended to be exhaustive or fully
representative of every individual.
Scope
The scope of this Privacy Policy covers client personal data in respect of the following:
Ways we use your Personal Data
Definitions of Personal Data types
Collecting Personal Data
Using Personal Data
Fraud Protection Agencies (FPAs)
Disclosing Personal Data
Retaining Personal Data
Securing Personal Data
Sharing Personal Data
International Data Transfer
Data Subject Rights
Updates / Amendments
Third Party Websites
Consents ("Opt-in")
Withdrawal of Consent ("Opt-out")
Our Details
Ways we use your Personal Data
We’ll process your personal data:
a) as necessary to perform and fulfil our contracts with You:
to take steps at your request prior to entering into it;
to exercise rights set out in agreements or contracts;
to deliver our products and services;
to update our records;
to make and manage customer payments;
to manage fees and charges due on customer transactions;
to collect and recover money that is owed to Us.
b) as necessary to comply with legal obligation, e.g.:
when you exercise your rights under data protection law and make requests;
for compliance and to obey laws and regulations that apply to Us;
to verify your identity, make credit, fraud prevention and anti-money laundering checks;
to manage risk for Us and our customers;
to detect, investigate, report and seek to prevent financial crime;
to run our business in an efficient and proper way;
to manage how we work with other companies that provide products and services to Us and our
customers.
c) as necessary for our own legitimate interests, or those or other persons and organisations, e.g.:
for good governance, accounting and managing and auditing our business operations;
to respond to complaints and seek to resolve them;
to run our business in an efficient and proper way;
to develop and manage our brands, products and services;
to manage how we work with other companies that provide products and services to Us and our
customers;
to monitor emails, calls, other communications and activities with reference to your contract;
to provide advice or guidance about related products and services.
d) based on your consent, e.g.:
to manage our relationship with you;
to develop new ways to meet our customers’ needs and to grow our business;
to develop and carry out marketing activities;
to provide advice or guidance about related products and services.
You are free at any time to change your mind and withdraw your consent. The consequence might be
that we can’t do certain things for You.
Definitions of Personal Data types
We use various kinds of personal information, and group them together like this.
Type of Personal Information
Description
Contact
Where You live and how to contact You.
Consent
Any permissions, consent or preferences that You give Us, including how You would like Us to contact
You.
Financial
Your financial position, status and history.
Contractual
Details about the products and services we provide to You.
Behavioural
Details about how You use our products and services.
Communications
What we learn about You from conversations, emails and letters between Us.
Social Relationships
Your Family, friends and other relationships.
Open Data and Public Records
Details about You that are in public records such as the Electoral Register and information about You
that is openly available on the internet.
Usage Data
Other data about how You use our products and services.
Documentary Data
Details about You that are stored in documents in different formats, including copies. This could include
things like your passport, drivers licence, birth certificate or utility bill.
Socio-demographic
This includes details about your work or profession, nationality, education and where You fit into
general social or income groups.
National Identifier
A number or code given to You by a government to identify who You are, such as a National Insurance
number or Passport Number.
Collecting Personal Data
We may collect and store the following kinds of personal data:
Information that You provided to Us when applying through our website, during visits to branch offices,
in emails or over the phone.
ii. Information contained in or relating to any communication that You send to Us through our website,
email, in writing, using Live Chat or over the phone.
iii. Information that You provide to Us for the purpose of subscribing to our marketing communications.
iv. Information that You provide to Us when using any services we provide, or that is generated during
the use of those services.
v. Information that You provide as part of electronically signing agreements with Us.
vi. Information that You provide in performing anti-money laundering, financial and credit checks as well
as for fraud and crime prevention and detection purposes.
vii. Information related to the security and access of our systems and applications.
viii. Information to help Us comply with our legal and regulatory obligations, including reporting to and
being audited by regulators and external auditors.
ix. Information to help Us comply with court orders and to exercise and defend our legal rights.
x. Any other personal information that may be sent to Us and which we use for legitimate business
purposes.
xi. Information shared as part of our competitions or promotions.
Before You disclose to Us the personal information of another person, You must obtain that person's
consent to both the disclosure and the processing of that personal information in accordance with this
Privacy Policy.
Data from third parties we work with:
• Companies that introduce You to Us (property portals for example)
• Public information sources such as Companies House
• Financial Advisors • Land agents
• Comparison websites • Agents working on our behalf
• Social networks • Market researchers
We may need to collect personal information by law, or under the terms of a contract we have with You.
If You choose not to give Us this personal information, it may delay or prevent Us from meeting our
obligations. It may also mean that we cannot perform the services needed to progress the sale,
purchase or letting of a property.
Any data collection that is optional would be made clear at the point of collection.
Using Personal Data
We may use your personal information to:
Enable your use of any services that we may provide through our websites or third-party websites.
ii. Supply You with our products and services.
iii. Send statements, invoices and payment reminders to You, your lawyers who You use for
conveyancing, or to collect payments from You.
iv. Send You marketing communications.
v. Deal with enquiries and complaints.
vi. Perform money laundering, financial and credit checks.
vii. Use tracing services to obtain onward contact details and collect any unpaid debts for any default by
You.
viii. Ensure appropriate access to systems and applications.
ix. Comply with our legal and regulatory obligations.
Fraud Prevention Agencies (FPAs)
We may need to confirm your identity before we provide products or services to You or your business.
Once You have become a customer of ours, we will also share your personal information as needed to
help detect fraud and money-laundering risks. We use Fraud Prevention Agencies to help Us with this.
Both we and fraud prevention agencies can only use your personal information if we have a proper
reason to do so. It must be needed for either of Us to obey the law, or for a ‘legitimate interest’.
Disclosing Personal Data
We only disclose your personal data in the ways set out in this Privacy Policy or subject to any
agreements in place between Us. The following circumstances may apply:
Across our different lines of business and brands, as part of a need to know or as part of improving our
existing products and services or as part of providing new services.
To third parties who process personal data on our behalf.
iii. To third parties' who process personal data on their own behalf but provide Us, or You, with a service
on behalf of Us.
iv. To third parties' with whom information is shared for anti-money laundering checks, credit risk
reduction, debt collection and other fraud and crime prevention purposes.
v. To any regulator, external auditor or applicable body or court where we are required to do so by law
or regulation or as part of any investigation.
vi. To any central or local government department and other statutory or public bodies, such as HMRC.
vii. If the law or a public authority says we must share the personal data;
viii. If we need to share personal data in order to establish, exercise or defend our legal rights (this
includes providing personal data to others for the purposes of preventing fraud or reducing credit risk);
ix. To any other successors in title to our business(es);
We do not sell, rent or trade any of your personal data.
We will not, without your consent, disclose or supply your personal data to any third party for the
purpose of their or any other third party's direct marketing.
Retaining Personal Data
The following criteria are used to determine data retention periods for your personal data (whether or
not You become a customer):
Retention in case of queries – we will retain your personal data as long as necessary to deal with your
queries (e.g. if your potential transaction is unsuccessful);
Retention in case of claims – we will retain your personal data for as long as You might legally bring
claims against Us; and
Retention in accordance with legal and regulatory requirements – we will retain your personal data after
your contract or service with Us has come to an end based on legal and regulatory requirements.
Securing Personal Data
Where Spicerhaart acts as the controller of personal data, it will ensure that necessary and adequate
safeguards (e.g. encryption) are in place to prevent unauthorised access, loss, misuse or alteration of
your personal data.
Where data is stored electronically we store all personal information on secure servers with relevant
access and firewall controls.
Where data is stored on paper or forms all personal data is locked away when not in use, and disposed
of securely after use either using document shredders or third-party disposal organisations who have
been contracted to dispose of documents appropriately.
Any personal data sent to Us, either in writing or email, may be insecure in transit and we cannot
guarantee its delivery.
Where You use a Password to access any service provided by Spicerhaart this must be kept confidential
and not disclosed to anyone else. Spicerhaart does not ask You for your password.
Sharing Personal Data
To provide the services to You we may share the personal data that You supply with several third
parties:
i. SmartSearch Limited who are used to undertake anti-money laundering checks, Politically Exposed
Person (PEP) and sanctions checks.
ii. Docusign Inc who are used to undertake the electronic digital signing of agreements.
iii. Barbon Insurance Group Limited who are used for lettings related referencing and insurance
products.
iv. Glanty Limited who are used for new let administration and self-service tenancy portal services.
v. Tenant Shop Limited who are used for lettings related utility switching services.
vi. Property Inventory Management Limited who are used for lettings related property visit and
inventory services.
vii. Shergroup Limited who are used to undertake client tracing and debt collection activities where
Spicerhaart is recovering unpaid debts where You have defaulted on an agreement and Spicerhaart is
owed money.
viii. Iron Mountain Incorporated and Restore Limited to archive paper records that we are required to
keep for legal and regulatory reasons and to dispose of records securely.
ix. Rex Labs Limited (UK) who provide case and customer management software.
x. Cronofy Limited who provide a cross platform calendar synchronisation solution.
xii. UKCreditRatings.com as a trading name of RSDataTech Ltd for credit check reports. No data is
shared, unless You request to review your credit file and supply your data willingly to receive this
service.
To provide services to You we may receive personal data that You supply to the following processors or
sub-processors for the purposes stated:-
i. giosg.com Limited who provide online chat services for our websites.
ii. Rightmove Group Limited who advertise properties online.
iii. Agents' Mutual Limited who advertise properties online.
To protect your data Spicerhaart agree contractual arrangements with these third-party data processors
to ensure that your personal data is protected in compliance with this Privacy Policy and the data
protection legislation that Spicerhaart is required to comply with.
Unless otherwise defined under section 12 all personal data shared with third parties is stored and
processed in the UK or EU.
International Data Transfers
Personal data that we collect, is predominantly stored and processed in the UK, but for specific services
may be transferred, stored, processed outside of the EU (designated under GDPR as “Third Countries”).
As part of providing our services to You under an agency agreement we will use third party data
processors from Third Countries as outlined below:
i. Docusign Inc which is based in the USA.
ii. Shergroup Limited whose services are based in India.
iii. Google, Inc whose services are based in the USA.
Spicerhaart has agreed contractual agreements with these third-party data processors to safeguard your
personal data as required by GDPR when transfers are undertaken to Third Countries. If You wish to
know more about the safeguards that are in place, please contact Spicerhaart as outlined in Section 20.
You expressly consent to the transfers of personal data described in this section for the purposes stated.
Log Files and Statistics
Spicerhaart may use IP addresses, URLs of requested resources, timestamps and HTTP user agents to
administer the system, analyse trends and gather broad demographic information for aggregate use.
In addition to this we may use third party services to monitor your use of our website, including Google
Analytics, a web analytics service provided by Google, Inc ('Google'). This information allows Us to track
how many visitors we have, how often they visit and where they originated from. It also gives the ability
to gather which terms were used when searching for properties.
Data Subject Rights
Your rights are as follows (noting that these rights don’t apply in all circumstances):
The right to be informed about our processing of your personal data;
The right to have your personal data corrected if it’s inaccurate and to have incomplete personal data
completed;
The right to object to processing of personal data;
The right to restrict processing of your personal data;
The right to have your personal data erased (the “right to be forgotten”);
The right to request access to your personal data and information about how we process it;
The right to move, copy or transfer your personal data (“data portability”); and
Rights in relation to automated decision making including profiling.
You have the right to complain to the Information Commissioner’s Office. It has enforcement powers
and can investigate compliance with data protection law: www.ico.org.uk
For more details on all the above You can contact our DPO using the details in Section 20.
Updates / Amendments
To remain compliant with any legal and regulatory obligations, or as part of our evolving business
practices, we may update this Privacy Policy from time to time by publishing a new version.
Third Party Websites
We are not responsible for the practices employed by Third Party Websites linked to or from our
Website nor the information or content contained therein. Often links to other websites are provided
solely as reference points to information on topics that may be useful to the users of our Website.
Please remember that when You use a link to go from our Website to a Third-Party Website, our Privacy
Policy will no longer apply. Your browsing and interaction on any other Website, including Third Party
Websites, which have a link on our Website, are subject to that Website's own Privacy Policy.
Consents (“Opt-in”)
Your personal data is provided for the purpose of selling or purchasing a property, letting or being a
tenant of a property, conveyancing, financial services or surveying services as agreed under the terms of
an Agreement we have agreed between You and Us.
However, Spicerhaart would like to support You throughout the entire process of selling your property
by offering You additional relevant and related services, and keep You informed about all Spicerhaart
services (marketing) which You can elect to, or decline from, receiving.
Withdrawal of Consent (“Opt-out”)
You have the right, at any time, to ask Us not to process your personal data for marketing purposes and
any additional services that You have consented to receive.
You can opt-out of receiving any of these services and communications simply by clicking the
unsubscribe link on any emails You receive, or contacting your branch or head office.
Please note it can take up to one calendar month for a request to be fulfilled for general Spicerhaart
communications because of pre-planned or ongoing activity.
Data Protection Registration
We are registered as a data controller with the UK Information Commissioner's Office and our data
protection registration number is Z151642X.
Our Details
Spicerhaart Estate Agents Limited is registered in England and Wales under company number 06679992.
Its registered office is at Colwyn House, Sheepen Place, Colchester, Essex, CO3 3LD. You can contact Us
as follows:
Email: DPO@spicerhaart.co.uk
Telephone: (Head Office) +44 (0) 1206 765599
In writing: Data Protection Officer
Spicerhaart Group, Colwyn House, Sheepen Place, Colchester, Essex, CO3 3LD