Privacy Policy

  1. Introduction

    1 Stop Properties (Glasgow) Limited (“we” or “us”) is committed to ensuring the secure and safe management of data held by us in relation to customers, staff and other individuals. Our staff members have a responsibility to ensure compliance with the terms of this policy, and to manage individuals’ data in accordance with the procedures outlined in this policy and documentation referred to herein.

    We need to gather and use certain information about individuals. These can include customers (tenants, landlord clients etc.), employees and other individuals that we have a contractual relationship with. We manage a significant amount of data, from a variety of sources. This data contains “personal data” and “sensitive personal data” (known as “special categories of personal data” under the GDPR).

    This policy sets out our duties in processing that data, and the purpose of this policy is to set out the procedures for the management of such data.

  2. Legislation

    It is a legal requirement that we process data correctly; we must collect, handle and store personal information in accordance with the relevant legislation.

    The relevant legislation in relation to the processing of data is:

    1. the General Data Protection Regulation (EU) 2016/679 (the GDPR);
    2. the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as may be amended by the proposed Regulation on Privacy and Electronic Communications); and
    3. any legislation that, in respect of the United Kingdom (UK), replaces, or enacts into UK domestic law, the General Data Protection Regulation (EU) 2016/679, the proposed Regulation on Privacy and Electronic Communications or any other law relating to data protection, the processing of personal data and privacy as a consequence of the UK leaving the European Union.
  3. Data

    1. We hold a variety of data relating to individuals, including customers and employees (also referred to as “data subjects”) which is known as personal data. The personal data held and processed by us is detailed within the “fair processing notice” (FPN) at Appendix 1 hereto and the data protection addendum of the terms and conditions of employment which has been provided to all employees.
      1. Personal data is that from which a living individual can be identified either by that data alone, or in conjunction with other data held by us.
      2. We also hold personal data that is sensitive in nature (i.e. reveals a data subject’s racial or ethnic origin, religious beliefs, political opinions, or relates to health or sexual orientation). This is special category personal data or sensitive personal data.
  4. Processing of personal data

    1. We are permitted to process personal data on behalf of data subjects provided it is doing so on one of the following grounds:
      • processing with the consent of the data subject (see clause 4.4 hereof);
      • processing is necessary for the performance of a contract between us and the data subject or for entering into a contract with the data subject;
      • processing is necessary for our compliance with a legal obligation;
      • processing is necessary to protect the vital interests of the data
        subject or another person; or
      • processing is necessary for the purposes of legitimate interests.
    2. Fair processing notice
      1. We have produced a fair processing notice (FPN) which we are required to provide to all customers whose personal data is held by us. That FPN must be provided to the customer from the outset of processing their personal data and they should be advised of the terms of the FPN when it is provided to them.
      2. The FPN at Appendix 1 sets out the personal data processed by us and the basis for that processing. This document is provided to all our customers at the outset of processing their data.
    1. Consent

      Consent as a ground of processing will require to be used from time to time by us when processing personal data. It should be used by us where no other alternative ground for processing is available. In the event that we require to obtain consent to process a data subject’s personal data, we shall obtain that consent in writing. The consent provided by the data subject must be freely given and the data subject will be required to sign a relevant consent form if willing to consent. Any consent to be obtained by us must be for a specific and defined purpose (i.e. general consent cannot be sought).

    2. Processing of special category personal data or sensitive personal data

      In the event that we process special category personal data or sensitive personal data, we must do so in accordance with one of the following grounds of processing:

      • the data subject has given explicit consent to the processing of this data for a specified purpose;
      • processing is necessary for carrying out obligations or exercising rights related to employment or social security;
      • processing is necessary to protect the vital interest of the data subject or, if the data subject is incapable of giving consent, the vital interests of another person;
      • processing is necessary for the establishment, exercise or defence of legal claims, or whenever courts are acting in their judicial capacity; and
      • processing is necessary for reasons of substantial public interest.
  5. Data Sharing

    1. We share our data with various third-parties for numerous reasons in order that day to day activities are carried out in accordance with our relevant policies and
      procedures. In order that we can monitor compliance by these third-parties with data protection laws, we will require the third-party organisations to enter in to an agreement with us to govern the processing of data, security measures to be implemented and responsibility for breaches.
    2. Data sharing

      1. Personal data is from time to time shared amongst us and third- parties who require to process personal data that we process as well. Both us and the third-party will be processing that data in their individual capacities as data controllers.
      2. Where we share in the processing of personal data with a third- party organisation, we shall require the third-party organisation to enter in to a data sharing agreement with us in accordance with the terms of a data sharing agreement.
    3. Data processors

      A data processor is a third-party entity that processes personal data on behalf of us and are frequently engaged if certain parts of our work is outsourced (e.g. payroll, maintenance and repair works).

      1. A data processor must comply with data protection laws. Our data processors must ensure they have appropriate technical security measures in place, maintain records of processing activities and notify us if a data breach is suffered.
      2. If a data processor wishes to sub-contact their processing, our prior written consent must be obtained. Upon a sub-contracting of processing, the data processor will be liable in full for the data protection breaches of their sub-contractors.
      3. Where we contract with a third-party to process personal data held by us, it shall require the third-party to agree to process data in accordance with the terms set out in the Data Protection Statement of Requirements for Data Processors set out in Appendix 2 to this policy.
  6. Data storage and security

    All personal data held by us must be stored securely, whether electronically or in paper format.

    1. Paper storage

      Personal data stored electronically must also be protected from unauthorised use and access. Personal data should be password protected when being sent internally or externally to our data processors or those with whom we have entered in to a data sharing agreement. If personal data is stored on removable media (CD, DVD, USB memory stick) then that removable media must be stored securely at all times when not being used. Personal data should not be saved directly to mobile devices and should be stored on designated drivers and servers.

  7. Breaches

    1. A data breach can occur at any point when handling personal data and we have reporting duties in the event of a data breach or potential breach occurring. Breaches which pose a risk to the rights and freedoms of the data subjects who are the subject of the breach require to be reported externally in accordance with clause 7.3 hereof.
    2. Internal Reporting

      We take the security of data very seriously and in the unlikely event of a breach will take the following steps:

      • As soon as the breach or potential breach has occurred, and in any event no later than six (6) hours after it has occurred, the data controller must be notified in writing of (i) the breach; (ii) how it occurred; and (iii) what the likely impact of that breach is on any data subject(s);
      • we must seek to contain the breach by whatever means available;
      • the Data Controller must consider whether the breach is one which requires to be reported to the Information Commissioner’s Office (ICO) and data subjects affected and do so in accordance with this clause 7;
      • notify third parties in accordance with the terms of any applicable data sharing agreements
    3. Reporting to the ICO

      The Data Controller is required to report any breaches which pose a risk to the rights and freedoms of the data subjects who are the subject of the breach to the ICO within 72 hours of the breach occurring. The Data Controller must also consider whether it is appropriate to notify those data subjects affected by the breach.

  8. Data subject rights

    1. Certain rights are provided to data subjects under the GDPR. Data subjects are entitled to view the personal data held about them by us, whether in written or electronic form.
    2. Data subjects have a right to request a restriction of processing their data, a right to be forgotten and a right to object to our processing of their data. These rights are notified to our customers in our FPN.
    3. Subject access requests

      Data subjects are permitted to view their data held by us upon making a request to do so (a subject access request). Upon receipt of a request by a data subject, we must respond to the subject access request within one month of the date of receipt of the request. We:

      1. must provide the data subject with an electronic or hard copy of the personal data requested, unless any exemption to the provision of that data applies in law;
      2. where the personal data comprises data relating to other Data subjects, must take reasonable steps to obtain consent from those data subjects to the disclosure of that personal data to the data subject who has made the subject access request; or
      3. where we do not hold the personal data sought by the data subject, must confirm that we do not hold any personal data sought by the data subject as soon as practicably possible, and in any event, not later than one month from the date on which the request was made.
    4. The right to be forgotten

      1. A data subject can exercise their right to be forgotten by submitting a request in writing to us seeking that we erase the data subject’s personal data in its entirety.
      2. Each request received by us will require to be considered on its own merits and legal advice will require to be obtained in relation to such requests from time to time. The Data Controller will have responsibility for accepting or refusing the data subject’s request in accordance with this clause and will respond in writing to the request.
    5. The right to restrict or object to processing

      1. A data subject may request that we restrict our processing of the data subject’s personal data, or object to the processing of that data.
        1. In the event that any direct marketing is undertaken from time to time by us, a data subject has an absolute right to object to processing of this nature by us, and if we receive a written request to cease processing for this purpose, then we must do so immediately.
      2. Each request received by us will require to be considered on its own merits and legal advice will require to be obtained in relation to such requests from time to time. The Data Controller will have responsibility for accepting or refusing the data subject’s request in accordance with clause 8.5 and will respond in writing to the request.
  9. Privacy impact assessments

    1. Privacy impact assessments (PIAs) are a means of assisting us in identifying and reducing the risks that our operations have on personal privacy of data subjects.
    2. We shall:
      1. Carry out a PIA before undertaking a project or processing activity which poses a high risk to an individual’s privacy. High risk can include, but is not limited to, activities using information relating to health or race, or the implementation of a new IT system for storing and accessing personal data.
      2. In carrying out a PIA, include a description of the processing activity, its purpose, an assessment of the need for the processing, a summary of the risks identified and the measures that we will take to reduce those risks, and details of any security measures that require to be taken to protect the personal data.
    3. We will require to consult the ICO in the event that a PIA identifies a high level of risk which cannot be reduced. The Data Controller will be responsible for such reporting, and where a high level of risk is identified by those carrying out the PIA they require to notify the Data Controller within five (5) working days.
  10. Archiving, retention and destruction of data

    We cannot store and retain personal data indefinitely. We must ensure that personal data is only retained for the period necessary. we shall ensure that all personal data is archived and destroyed timeously and at the point that we no longer need to retain that personal data in accordance with the periods specified within the table at Appendix 3 hereto.

Type of record Suggested retention time
Records relating to working time Two years from the date they were made

List of appendices

1. Fair Processing Notice (FPN)

2. Data Protection Statement of Requirements for Data Processors 3. Table of duration of retention of certain data

APPENDIX 1.

1 Stop Properties (Glasgow) Limited GDPR Fair Processing Notice

(for external and 3rd parties) (How we use your personal information)

This notice explains what information we collect, when we collect it and how we use this. During the course of our activities we will process personal data (which may be held on paper, electronically, or otherwise) about you and we recognise the need to treat it in an appropriate and lawful manner. The purpose of this notice is to make you aware of how we will handle your information.

Who are we?
1 Stop Properties (Glasgow) Ltd, 491 Duke Street, Glasgow G31 1DL (“we” or “us”) take the issue of security and data protection very seriously and strictly adhere to guidelines published in the Data Protection Act of 1998 and the General Data Protection Regulation (EU) 2016/679 which is applicable from the 25 May 2018, together with any domestic laws subsequently enacted.

We are notified as a data controller with the Information Commissioner’s Office (ICO)
under registration number Z8978152 and we are the data controller of any personal data that

you provide to us.

Our point of contact is Wendy Gallagher (wendy@onestopproperties.co.uk).
Any questions relating to this notice and our privacy practices should be sent to Wendy Gallagher (wendy@onestopproperties.co.uk).

How we collect information from you and what information we collect

We collect information about you:

  • when you apply for housing with us, become a tenant, request services/repairs, entering to a tenancy agreement with ourselves howsoever arising or otherwise provide us with your personal details;
  • from your use of our online services, whether to report any tenancy related issues, make a complaint or otherwise;
  • from your arrangements to make payment to us (such as bank details, payment card numbers, employment details, benefit entitlement and any other income and expenditure related information).

    TENANTS:
    We collect the following information about you:

    • Name
    • Address
    • Date of Birth
    • Telephone number
    • E-mail address
    • National Insurance number
    • Passport
    • Past Addresses
    • Names & DOB of Child(ren)
    • Employment Details
    • Non-employment income/savings
    • Bank Details & Statements
    • Driver’s License information
    • Current payslip information
    • Details confirming Student status
    • UK Visa documentation
    • Previous L/L or agent information and references
    • Accountants details (if required)
    • Pension Provider
    • Next of kin
    • Emergency Contact details (if different from next of kin).We receive the following information from third parties:
    • benefits information, including awards of Housing Benefit/Universal Credit
    • payments made by you to us;
    • complaints or other communications regarding behaviour or other alleged breaches of the terms of your contract with us, including information obtained from Police Scotland;
    • reports as to the conduct or condition of your tenancy, including references from
    • previous tenancies, and complaints of anti-social behaviour.

    LANDLORDS.
    We collect the following information about you:

    • Name
    • Home and Correspondence Address
    • Rental Property Address(es),
    • Landlord Registration Number(s)
    • Telephone Contact Details
    • Email address(es),
    • Bank Details
    • Joint Landlord Details,
    • Photo I.D.
    • Proof of UK Residency
    • Mortgage Provider/Ownership Verification
    • Overseas HMRC information Why we need this information about you and how it will be usedWe need your information and will use your information:
    • to undertake and perform our obligations and duties to you in accordance with the terms of our contract with you;
    • to enable us to supply you with the services and information which you have requested;
    • to enable us to respond to your repair request, housing application and complaints made;
    • to analyse the information we collect so that we can administer, support and improve and develop our business and the services we offer;
    • to contact you in order to send you details of any changes to our services or supplies which may affect you;
    • for all other purposes consistent with the proper performance of our operations and business; and
    • to contact you for your views on our products and services.

    Sharing of your information

    The information you provide to us will be treated by us as confidential [and will be processed only by our employees within the UK/European Economic Area (EEA) We may disclose your information to other third parties who act for us for the purposes set out in this notice or for purposes approved by you, including the following:

    • if we enter into a joint venture with or merge with another business entity, your information may be disclosed to our new business partners or owners;
    • if we instruct repair or maintenance works, your information may be disclosed to any contractor;
    • if we are investigating a complaint, information may be disclosed to Police Scotland, local authority departments, Scottish Fire & Rescue Service and others involved in any complaint, whether investigating the complaint or otherwise;
    • if we are updating tenancy details, your information may be disclosed to third parties (such as utility companies, property factors and any local authority);
    • if we are investigating payments made or otherwise, your information may be disclosed to payment processors, local authority and the Department for Work & Pensions;
    • if we are conducting a survey of our products and/or service, your information may be disclosed to third parties assisting in the compilation and analysis of the survey results;
    • if we are asked by HMRC in regard to taxation, your information may be accordingly disclosed; Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

    Transfers outside the UK and Europe

    Your information will only be stored within the UK and EEA.

    Security

    When you give us information we take steps to make sure that your personal information is kept secure and safe.

    Any hard copy personal information is stored in employee only access storage rooms within our office in accordance with our Privacy Policy.
    Any personal information stored in an electronic format is stored in password protected software on the company’s computer systems in accordance with our Privacy Policy.

    How long we will keep your information

    We review our data retention periods regularly and will only hold your personal data for as long as is necessary for the relevant activity, or as required by law (we may be legally required to hold some types of information), or as set out in any relevant contract we have with you.

    Our full retention schedule is available on request from 1 Stop Properties, 491 Duke Street, Glasgow G31 1DL.

    Your rights

    You have the right at any time to:

    • ask for a copy of the information about you held by us in our records;
    • require us to correct any inaccuracies in your information;
    • make a request to us to delete what personal data we hold about you; and
    • object to receiving any marketing communications from us.If you would like to exercise any of your rights above please contact us at wendy@onestopproperties.co.uk

    Should you wish to complain about the use of your information, we would ask that you contact us to resolve this matter in the first instance. You also have the right to complain to the Information Commissioner’s Office (ICO) in relation to our use of your information. The ICO’s contact details are noted below:

    The Information Commissioner’s Office – Scotland 45 Melville Street, Edinburgh, EH3 7HL Telephone: 0131 244 9001 email:scotland@ico.org.uk

    The accuracy of your information is important to us – please help us keep our records updated by informing us of any change.

    APPENDIX 2.

    DATA PROTECTION STATEMENT OF REQUIREMENTS FOR DATA PROCESSORS

    We, 1 Stop Properties (Glasgow) Ltd, (“the Data Controller”) as the Data Controller require, pursuant to or in connection with the Principal Agreement/Contract, we have with you, (“the Data Processor”), that you are compliant with the General Data Protection Regulation 2016/679, and any subsequently enacted legislation in furtherance of Data Protection. Within this document, we state what we require of you as the Data Processor in order to be compliant. Should you have any questions regarding the contents of this document, you should contact Wendy Gallagher.

    Definitions

    1. 1.1.  Applicable Laws shall mean (a) European Union or member state laws with respect to any Company Personal Data in respect of which any Company Group Member is subject to EU Data Protection laws; and (b) any other applicable law with respect to any Controller Personal Data in respect
    2. 1.2.  Controller Personal Data shall mean any personal data processed by the Data Processor on behalf of the Data Controller pursuant to or in connection with the Principal Agreement or Contract;
    3. 1.3.  Principal Agreement/ Contract shall mean the main contract or agreement of services or other activities existing between the Data Controller and Data Processor;
    4. 1.4.  Subprocessor shall mean any person (including any third party, but excluding an employee of the Processor or any of its sub-contractors) appointed by or on behalf of Processor which is engaged in the processing of personal data on behalf of the Controller in connection with the Principal Agreement/Contract;
    1. Processor and Personnel
      1. 2.1.  The Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of the Processor who may have access to the Controller Personal Data; and
      2. 2.2.  The Processor must ensure that access to the Controller Personal Data is strictly limited to those individuals who need to know or need to access this data.
    2. Security3.1. The Processor must, when processing Controller Personal Data, implement appropriate technical and organisational measures to ensure a level of security appropriate to that risk; and

      3.2. In assessing the appropriate level of security, the Processor shall take into account, in particular, the risks that are presented by processing, in particular a Personal Data Breach.

      4. Subprocessing

      4.1. The Controller authorises the Processor to appoint (and permit each Subprocessor appointed to appoint) Subprocessors;

      4.1.1. This is only insofar as prior written notice is given of its intention to appoint a Subprocessor, including within this, the scope of processing that shall be undertaken by the Subprocessor, and that the Controller thereafter provides prior written consent of such appointment;

      1. 4.2.  The Processor may continue to use those Subprocessors already engaged by the Processor as at 25 May 2018, so long as such Subprocessors are able to meet the obligations under section 4.5; and
      2. 4.3.  The Processor must ensure that it undertakes adequate due diligence of the Subprocessor, and their systems, prior to their processing of Controller Personal Data to warrant that there is a level of protection as mandated in the Principal Agreement.
      1. Data Subject Rights
        1. 5.1.  The Processor must ensure that have appropriate technical and organisational measures so as to assist in the fulfillment of the Controller’s obligations to respond to requests by any Data Subject under any Applicable Law;
        2. 5.2.  The Processor must notify the Controller on receipt by them, or any Subprocessor, of a request from a Data Subject under any Applicable Law; and
        3. 5.3.  The Processor must ensure that no response is given to any such request by the Processor or the Subprocessor, except on documented instructions of the Controller, or as required by the Applicable Laws to which the Processor is subject, in which latter case, the Processor shall to the extent permitted by Applicable Laws inform the Controller of that legal requirement before the Contracted Processor responds to the request.
      2. Personal Data Breach
        1. 6.1.  The Processor must notify the Controller without undue delay upon the Processor or any Subprocessor becoming aware of a Personal Data Breach affecting the Controller Personal Data, providing the Controller with sufficient information to allow them to meet any obligations under the Applicable Laws.
        2. 6.2.  The Processor shall co-operate with the Controller, and at their own expense take such reasonable commercial steps as are directed by the Controller to assist in the investigation, mitigation and remediation of each Personal Data Breach.

    7. Data Protection Impact Assessment and Prior Consultation

    7.1. The Processor shall provide reasonable assistance to the Controller with any Data Protection Impact Assessment and Prior consultations with Supervising Authorities.

    8. Deletion or return of Controller Personal Data

    1. 8.1.  The Processor must promptly and in any event, within seven (7) days of the termination or conclusion of any Services involving the processing of Controller Personal Data (“Cessation Date”), delete and procure the deletion of all copies of any Controller Personal Data.
    2. 8.2.  The Controller may also, at its own discretion, by providing seven days written notice of the Cessation Date, require the Processor, to:

    8.2.1. Return a complete copy of all Controller Personal Data to the Controller by secure file transfer in such a format as is reasonably notified by the Controller to the Processor; and

    8.2.2. Delete and procure the deletion of all other copies of Controller Personal Data that they, or any Subprocessor, have.

    1. 8.3.  The Processor must only do what is required under Clause 8.1 and 8.2 to the extent that the Applicable Laws do not require them to retain such information. In such event, the Processor must ensure the confidentiality of all such Controller Personal Data, and that it is processed, for such periods as mandated, only insofar as said Applicable Laws require it to be processed.
    2. 8.4.  The Processor must provide written certification, within 14 days of the Cessation Date, to the Controller that it has fully complied with their obligations under this Clause.

    9. Audit Rights

    1. 9.1.  The Processor shall make available to the Controller on request all information necessary to demonstrate compliance with this Statement, and shall allow for and contribute to audits, including inspections, by the Controller or an auditor mandated by the Controller in relation to the processing of the Controller Personal Data by the Processor;
    2. 9.2.  The Controller shall give the Processor reasonable notice of any audit or inspection to be conducted, and shall make reasonable endeavours to avoid causing (or, if it cannot avoid, to minimise) any damage, injury or disruption to the Processor’s premises, equipment, personnel and business while the Controller’s personnel are on those premises in the course of such an audit or inspection; or
    3. 9.3.  The Processor need not give access to its premises for the purposes of an audit or inspection to any individual unless they produce reasonable evidence of identity and authority; or outside normal business hours at those premises, unless the audit or inspection needs to be conducted on an emergency basis and the Controller has given notice that this will be the case.

    APPENDIX 3.

    Data retention periods

    The table below sets out retention periods for personal data held and processed by us, as a letting agent. It is intended to be used as a guide only. We recognise that not all personal data can be processed and retained for the same duration, and retention will depend on the individual circumstances relative to the data subject whose personal data is stored.

  • Type of record
     
  • Records relating to working time
  • Accident books and records and reports of accidents
  • Health and safety assessments and records of consultations with safety representatives and committee
  • Applicants for accommodation
  • Housing Benefit notifications
  • Tenancy files
  • Former tenants’ files (key info)
  • Third party documents
  • Records re offenders, ex-offenders (sex offender register)
  • Lease documents
  • Anti-social behaviour case files
  • Suggested retention
    time
  • Two years from the date they were made
  • Three years after the date of the last entry
  • Permanently
  • Five years
  • Duration of tenancy
  • Duration of tenancy
  • Five years
  • Duration of tenancy
  • Duration of tenancy
  • Five years after lease termination
  • Five years/end of legal action
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