2.The information we collect & process
We collect information about you when you fill in our online enquiry form, use our website or correspond with us (including by e-mail, phone or post) or from events that you attend.
If you decide to proceed with any property transaction with us then we may also collect information about you from estate agents, surveyors, solicitors and other professional services providers appointed in connection with the transaction. They may themselves obtain information about you from various sources including public registers and identity verification companies. They are responsible for the information that they collect and you should consult their own privacy policies for information about this.
The personal data we typically collect about you may include:
- Identity Data which includes your name, date of birth, gender and details available on your passport or other forms of photographic identification.
- Contact Data which includes your contact number, e-mail address and property address.
- Financial Data which includes your bank account, income and payment card details.
- Technical Data which includes your IP address, device Id, your login data and browser type and version.
- Profile Data which includes your username and password, your interests, preferences, feedback and survey responses.
- Usage Data which includes information about how you use the websites.
- Marketing and Communications Data which includes your preferences in receiving marketing from us and our third parties.
- Property Data which includes information about the property that you wish to sell or purchase.
Website usage information is also collected using cookies or other similar technologies and telephone calls to and from Upstix may be recorded for training, monitoring and record keeping purposes.
3.Lawful basis for processing your information
We will only use your personal data when the law allows us to. Most commonly we will use your personal data in the following circumstances:
- Where you have asked us to do so, or consented to us doing so;
- Where we need to do so in order to perform a contract we have entered into with you or to take steps at your request to enter into a contract with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your fundamental rights do not override those interests; and
- Where we need to comply with a legal or regulatory obligation (such as anti-money laundering regulations).
4.What we do with the personal information we gather
We have set out below, in a table format, a description of the main ways we plan to use your personal data, and which of the legal bases we generally rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us (using the details in section 10) if you need further information about the specific lawful basis we are relying on to process your personal data, where more than one basis has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including the basis of legitimate interests|
|To deliver a service that you request or to consider whether to make or withdraw any offer to purchase or sell properties from/to you and to perform any property transaction with you||Identity Data, Contact Data, Financial Data, Technical Data, Profile Data, Usage Data, Marketing and Communications Data, Property Data||– Performance of a contract
– Compliance with our legal obligations
– Our legitimate interests in operating our business
|To ensure that your enquiries are responded to with an appropriate and timely response||Identity Data, Contact Data, Financial Data, Technical Data, Profile Data, Usage Data, Marketing and Communications Data, Property Data||– Performance of a contract
– Our legitimate interests in ensuring that your enquiries are appropriately dealt with to maintain and develop our business
|To evaluate and improve our website and / or to evaluate and improve the range of products and services we offer||Identity Data, Contact Data, Financial Data, Technical Data, Profile Data, Usage Data, Marketing and Communications Data, Property Data||– Our legitimate interests in defining types of users for our products and services, keeping our website updated and relevant, and in developing our business|
|To provide you with information and updates about our range of products and services and/ or to invite you to events that may be of interest||Identity Data, Contact Data, Profile Data, Marketing and Communications Data, Property Data||– Our legitimate interests in developing our business
– In limited circumstances we may not be able to rely on our legitimate interests and in those circumstances we may rely on consent as the basis for our processing
|To transfer data to third party organisations who may wish to offer products/services to you||Identity Data, Contact Data, Financial Data,Technical Data, Profile Data, Usage Data, Marketing and Communications Data, Property Data||Consent|
|To keep records of our business operations||– Compliance with our legal obligations
– Our legitimate interests in maintaining appropriate records of the operation of our business
|To obtain payment from you under contracts with you and to exercise our other rights under contracts with you and address any potential disputes||– Performance of a contract
– Our legitimate interests in obtaining payment and exercising our other rights and in dealing with disputes
|In connection with the sale/transfer (or any negotiations for sale/transfer) of any part of business or assets||Our and any potential purchaser’s legitimate interests in considering and carrying out the potential sale/transfer|
|To respond to requests/requirements for information from police, regulatory and other authorities||Data requested/required to be provided||– Compliance with our legal obligations
– Legitimate interests in cooperating with police/authorities and in assisting with the performance of their duties
Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.
A cookie is a small file which is placed on your computer. Once it is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. These cookies allow us to recognise your device and to distinguish you from other users on our website. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to our clients’ needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
6.Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website being used.
7.How we protect your personal data
We are aware how much data security matters to our customers. We will treat your data with care and ensure that we take all suitable steps and procedures to protect it.
We regularly monitor our system for possible vulnerabilities and attacks, and we are continuously testing to identify ways to further strengthen security.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
8.How long we keep your personal data
We will only ever keep your data for as long as necessary for the purpose for which it was collected. At the end of that period, your data will be deleted or anonymised.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this data indefinitely without further notice to you.
We will not directly market to you for longer than three years from when we first collected your personal information, unless you consent to receive direct marketing by opting in again before the expiry of that three-year period. In certain circumstances, once we have deleted or anonymised your data, we may need to retain parts of it (for example, your e-mail address), in order to comply with our obligations under the UK General Data Protection Regulation (UK GDPR) or other legislation, or for fraud detection purposes.
9.Who we share your personal data with
We may share your personal information with fellow colleagues within Upstix and with trusted service providers, with whom we have a contractual relationship to perform, or assist us in performing any of the functions required in the management of our relationship with you and for the performance of transactions with you, ensuring that they have all necessary data protection policies and procedures in place.
Our service providers provide us with a variety of administrative, statistical, marketing, technical, conveyancing and legal services. We will only provide service providers with the amount of personal data they need to fulfil the services we request, and we stipulate that they protect this data. Some of those service providers will simply process your personal data on our behalf and in accordance with our instructions; they are referred to as data processors. Other service providers will be responsible to you directly for their use of personal data that we share with them; they are referred to as data controllers. The data controllers may be obliged under the data protection legislation to provide you with additional information regarding the personal data they hold about you and how and why they process that data. Further information may be provided to you in a separate notice or may be obtained from the advisers and service providers direct, for example via their websites. The following is a list of our major service providers:
- Home Property Lawyers
- Taylor Wilkinson Surveyors
- Connells Group (including Sequence and Countrywide)
- The General maintenance Company
- The New Homes Group
- Move with Us (Simplify Group)
- Nutur Group (Brief Your Market, The Guild, Fine & Country)
- Lockings Solicitors
- Valuations UK
- Together Money
- Iamsold (iamproperty Group)
- Knights PLC
- Axiom DWFM
- Salehs Solicitors
With your consent, we may share your personal information with third-party organisations who may use your data for their own marketing and associated purposes. These third-party organisations will operate in the following sectors:
Retail , Automotive, Lifestyle, Utility, Telecommunications, Insurance, Publishing / Media, Entertainment/Gaming/Leisure, Public Sector, Financial Services, Mail Order, Health/Beauty, Education, Fast Moving Consumer Goods, Marketing Agencies and Brokers.
We may also share your personal data with other organisations in the following circumstances:
- if the law or a public authority says we must share the personal data or we are requested to provide it by law enforcement bodies or public authorities and we consider that the law permits us to do so;
- if we need to share personal data to establish, exercise or defend our legal rights (this includes providing personal data to others for the purposes of preventing fraud and reducing credit risk);
- to an organisation we sell or transfer (or enter negotiations to sell or transfer) any of our businesses or any of our rights or obligations under any agreement we may have with you to. If the transfer or sale goes ahead, the organisation receiving your personal data can use your personal data in the same way as us; or
- to any other successors in title to our business.
The servers where we store your personal data are located in the UK or European Economic Area. We do not generally transfer your data to any country outside of this area.
If you fail to provide personal data
Where we need to collect personal data by law, 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.
10.Your rights over your personal data
Under data protection law you have rights regarding how we process your personal data.
You are not required to pay any charge for exercising your rights. We have one month to respond to you, and you may be asked for ID to confirm your identity.
To exercise any of the following rights, please use the contact details supplied at the bottom of this page:
Right of access – you have the right to ask us for copies of your personal information. This right always applies. There are some exemptions, which means you may not always receive all the information we process. You can read more about this here
Right of rectification – You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. This right always applies. You can read more about this here
Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records. You can read more about this here
Right to restriction of processing – where certain conditions apply you have a right to restrict the processing. You can read more about this here
Right of portability – you have the right to have the data we hold about you transferred to another organisation. You can read more about this here
Right to object – you have the right to object to certain types of processing such as direct marketing. You can read more about this here
Right to withdraw consent at any time – where we rely on your consent to process your personal data, you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. You can read more about this here
If you wish to exercise any of the above rights, please contact Upstix’s Data Compliance Officer by writing to:
Upstix Technologies Limited
Design Centre East
or by emailing firstname.lastname@example.org
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
11.What to do if you have a complaint
If you are not satisfied with our use of your personal data or our response to a request made by you to exercise any of your rights, you have a right to lodge a complaint with the Information Commissioner’s Office (ICO) whose contact details are: https://ico.org.uk/concerns/ or 0303 123 1113.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.