Privacy Notice
UKEMS Ltd (the Company) is committed to protecting the privacy of your personal information. For the purpose of applicable data protection law, including the Data Protection Act 1998 and, from its entry into force on 25 May 2018, the General Data Protection Regulation (Regulation (EU) 2016/679) the Company is the data controller and/or data processor (whichever is applicable). You will see the Company referred to as UKEMS Ltd or Estate Management Solutions. Our Privacy Notice explains what we do with any personal information which we collect from you, including when you use www.ukems.com or www.estate-management-solutions.co.uk (our website) and when you interact with us in other ways offline, for example progressing a reported fault to completion. If you have any questions regarding our Privacy Notice, please contact us at the address on the Contact Us page our website or email us at GDPR@ukems.com
Contents
• Summary
• Our details
• Information we collect when you visit our website
• Information we collect when you contact us
• Information we collect when you interact with our website
• How we collect or obtain information about you from third parties
• Disclosure and additional uses of your information
• How long we retain your information
• How we secure your information
• Your rights in relation to your information
• Your right to object to the processing of your information for certain purposes
• Sensitive Personal Information
• Changes to our Privacy Policy
Summary
This section summarises how we obtain, store and use information about you. It is intended to provide
a very general overview only. It is not complete in and of itself and it must be read in conjunction
with the corresponding full sections of this Privacy Policy.
• Data controller/Processor: UKEMS Ltd or Estate Management Solutions
• How we collect or obtain information about you:
– when you provide it to us (e.g. by contacting us or part of a contractual arrangement)
– from your use of our website, using cookies, registration with our software providers
– from third parties such as conveyancing solicitors, residents’ management companies, freeholders, managing agents, letting agents, estate agents
– When you fill in our Contact Information Form
• Information we collect: name, telephone numbers, email addresses, correspondence address, relevant property ownership details, information from cookies, information about your computer or device (e.g. device and browser type), information about how you use our website (e.g. which pages you have viewed)
• How we use your information: for administrative and business purposes (particularly to contact you), to improve our business and website, to fulfil our contractual obligations, to provide a service, to advertise our services, to analyse your use of our website, in connection with our legal rights and obligations where you may be a legal party thereof.
• Disclosure of your information to third parties: only to the extent necessary to run our business, to our service providers, to our software providers, to fulfil any contracts we enter into with you or any company you have contractual obligations with, where required by law or to enforce our legal rights and obligations,
• Do we sell your information to third parties (other than in the course of a business sale or purchase or similar event): No
• How long we retain your information: for no longer than necessary, taking into account any legal obligations we have (e.g. to maintain records for tax purposes), any other legal basis we have for using your information (e.g. your consent, performance of a contract with you or our legitimate interests as a business). For specific retention periods in relation to certain information which we collect from you, please see the main section below entitled How long we retain your information.
• How we secure your information: using appropriate technical and organisational measures such as storing your information on secure servers, encrypting transfers of data to or from our servers using Secure Sockets Layer (SSL) technology, only granting access to your information where necessary, operating secure data storage and shredding procedures.
• Use of cookies: Please note our website uses cookies. By continuing to use our website it is given that you agree to the use of cookies.
• Transfers of your information outside the European Economic Area: we will only transfer your information outside the European Economic Area if we are required to do so by law. Where we do so, we will ensure appropriate safeguards are in place such as international data compliance certificates.
• Your rights in relation to your information
– to access your information and to receive information about its use
– to have your information corrected and/or completed
– to have your information deleted, if not required on a legal basis
– to restrict the use of your information, if not required on a legal basis
– to receive your information in a portable format
– to object to the use of your information, if not required on a legal basis
– to withdraw your consent to the use of your information, if not required on a legal basis
– to complain to a supervisory authority
• Sensitive personal information: we do not knowingly or intentionally collect what is commonly referred to as ‘sensitive personal information’. Please do not submit sensitive personal information about you to us. For more information, please see the main section below entitled Sensitive Personal Information.
Our details
The data controller in respect of our website is UKEMS Ltd company registration number: 07269267 of 31 Greek Street, Stockport, Cheshire, SK3 8AX. You can contact the data controller by writing to GDPR, 31 Greek Street, Stockport, Cheshire, SK3 8AX or by sending an email to GDPR@ukems.com
UKEMS Ltd is a registered data handler with the ICO. Our registration number is: Z3253241
If you have any questions about this Privacy Policy, please contact the data controller.
Information we collect when you visit our website
We collect and use information from website visitors in accordance with this section and the section entitled Disclosure and additional uses of your information.
Web server log information
We use a third-party server to host our website called 1and1 Internet Ltd the privacy policy of which is available here:
https://www.1and1.co.uk/terms-gtc/fileadmin/Terms/PDF_UK/2017_UK_Privacy_policy.pdf
We also use Google Analytics to identify user behavior. Their Privacy Policy is available here: https://policies.google.com/
Our website server automatically logs the IP address you use to access it as well as other information about your visit such as the pages accessed, the date and time, the source of your access to our website (e.g. the website or URL (link) which referred you to our website), and your browser version and operating system. Your Geographical is also collected when you visit our website.
Our server is located in the United Kingdom
Use of website server log information for IT security purposes
Our third-party hosting provider collect(s) and store(s) server logs to ensure network and IT security and so that the server and website remain uncompromised. This includes analysing log files to help identify and prevent unauthorized access to our network, the distribution of malicious code, denial of services attacks and other cyber-attacks, by detecting unusual or suspicious activity.
Unless we are investigating suspicious or potential criminal activity, we do not make, nor do we allow our hosting provider to make, any attempt to identify you from the information collected via server logs.
Legal basis for processing: compliance with a legal obligation to which we are subject (Article 6(1)(c) of the General Data Protection Regulation).
Legal obligation: we have a legal obligation to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of our processing of information about individuals. Recording access to our website using server log files is such a measure.
Legal basis for processing: We and our third-party’s legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: We and our third-party hosting provider have a legitimate interest in using your information for the purposes of ensuring network and information security.
Cookies
Cookies are data files which are sent from a website to a browser to record information about users for various purposes. Cookies allow our website to know if your computer or device has visited that site or service before. Cookies can then be used to help understand how the site or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your browsing experience.
You can disable cookies within your browser settings, however this may have an effect on your user experience of our website.
Information we collect when you contact us
Information we collect when you contact us
We collect and use information from individuals who contact us in accordance with this section and the section entitled Disclosure and additional uses of your information.
When you send an email to any of the email addresses displayed on our website or staff emails, we collect your email address and any other information you provide in that email (such as your name, telephone number, property address and the information contained in any signature block in your email).
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.
Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where your message relates to us providing you with services or taking steps at your request prior to providing you with our services (for example, providing you with information about such services, we will process your information in order to do so).
Transfer and storage of your information
We use a third-party email provider to store emails you send us. Our third-party email provider is Microsoft. Their privacy policy is available here: https://privacy.microsoft.com/en-us/PrivacyStatement
Emails you send us will be stored within the European Economic Area on our third-party email provider’s servers in the United Kingdom where its servers are located. Microsoft keep a backup copy on servers outside of the EEA however Microsoft is a Data Processor certified within the countries where back-ups are held.
Web Contact Form
When you contact us using our contact form, we collect your name, your email, your contact telephone number and we also collect any other information you provide to us when you complete the contact form.
If you do not provide the mandatory information required by our contact form, you will not be able to submit the contact form and we will not receive your enquiry.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.
Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where your message relates to us providing you with services or taking steps at your request prior to providing you with our services, we will process your information in order to do so.
Transfer and storage of your information
Messages you send us via our contact form will be stored within the European Economic Area as an email on Microsoft Servers as stated above.
Contact Information Form
When you fill out our contact information form, we collect your name, your correspondence address, relevant property address, your email, your contact telephone number, letting agent information (if applicable) and we also collect any other information you provide to us when you complete the contact information form.
If you do not provide the mandatory information required by our contact form, we will not be able to contact you using efficient means.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.
Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where your message relates to us providing you with services or taking steps at your request prior to providing you with our services, we will process your information in order to do so.
Phone
When you contact us by phone, we collect your phone number, your email address and any information provide to us during your conversation with us either to process the enquiry or to carry out security checks.
We do sometimes record phone calls for monitoring and training purposes. Should we record a phone call the caller will be advised prior to a recording being made, allowing the caller to hang up should they wish to.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation)
Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.
Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where your message relates to us providing you with services or taking steps at your request prior to providing you with our services, we will process your information in order to do so.
Transfer and storage of your information
Information about your call, such as your phone number, the date and time of your call and nature of your call will be logged in our property management system diary. Should you call our office out of hours or your call is redirected due to engaged lines your call will be processed by our third-party telephone service provider Direct Response Ltd. Their privacy policy is available here: http://www.drltd.com/privacy.aspx
Information about your phone call will be stored by our third-party telephone service provider within the European Economic Area.
Post
If you contact us by post, we will collect any information you provide to us in any postal communications you send us.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation)
Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.
Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where your message relates to us providing you with services or taking steps at your request prior to providing you with services, we will process your information in order to do so.
Information we collect when you interact with our website
We collect and use information from individuals who interact with particular features of our website in accordance with this section and the section entitled Disclosure and additional uses of your information.
Registering on our website
When you register and create an account on our website, we collect the following information: Full Name, Telephone Number, Mobile Number, Email Address, Salutation and any other information you provide to us when you complete the registration form.
If you do not provide the mandatory information required by the registration form, you will not be able to register or create an account on our website or software providers website.
If you do not supply the optional information requested by our registration form, we will not be able to efficiently contact you or email you about services which we supply as part of a contractual arrangement for the related development.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: registering and administering accounts on our website to provide access to content and facilitate the running and operation of our business.
Transfer and storage of your information
Information you submit to us via the registration form and online account via our or our software providers website will be stored within the European Economic Area on our third-party hosting provider’s servers in the United Kingdom. Should you require the name and privacy policy of the provider please email GDPR@ukems.com
Information collected or obtained from third parties
This section sets out how we obtain or collect information about you from third parties.
Information received from third parties
We receive information about you from third parties where you are party to a contractual arrangement such as a Lease or TP1, where we have been appointed to manage the legal relationship. We also receive information about you following calls to our out of hours service.
Information we obtain from third parties will generally be your name, relevant property address, correspondence address, telephone number, email address but will include any additional information about you which they provide to us.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: where a third party has shared information about you with us and you have not consented to the sharing of that information, we will have a legitimate interest in processing that information in certain circumstances.
For example, we would have a legitimate interest in processing your information to perform our obligations under a sub-contract with the third party, where the third party has the main contract with you. Our legitimate interest is the performance of our obligations under our sub-contract.
Similarly, third parties may pass on information about you to us if you have infringed or potentially infringed any of our legal rights. In this case, we will have a legitimate interest in processing that information to investigate and pursue any such potential infringement.
Where we receive information about you in error
If we receive information about you from a third party in error and/or we do not have a legal basis for processing that information, we will delete your information.
Information obtained by us from third parties
In certain circumstances (for example, to verify the information we hold about you or obtain missing information we require to provide you with a service) we will obtain information about you from certain publicly accessible sources, both EU and non-EU, such as the electoral register, Companies House, online customer databases, land registry and websites including your own website if you have one.
In certain circumstances will also obtain information about you from private sources, both EU and non-EU, such as Freeholders, Managing Agents, Letting Agents, Asset Management Companies, conveyance solicitors and the DVLA.
Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where you have entered into a contract or requested that we enter into a contract with you, in certain circumstances, we will obtain information about you from public sources in order to enable us to provide services to you or services to a sufficient standard.
For example, we would obtain and/or verify your email address from your website or from a directory where we need to contact you in relation to a contract (Lease/TP1) but we do not possess the information, or we need to confirm that we have recorded your email address correctly.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: in certain circumstances, we will have a legitimate interest in obtaining information about you from public and private sources. For example, if you have infringed or we suspect that you have infringed any of our legal rights, we will have a legitimate interest in obtaining and processing information about you from such sources in order to investigate and pursue any suspected or potential infringement.
Disclosure and additional uses of your information
This section sets out the circumstances in which will disclose information about you to third parties and any additional purposes for which we use your information.
Disclosure of your information to service providers
We use a number of third parties to provide us with services which are necessary to run our business or to assist us with running our business and who process your information for us on our behalf. These include the following:
• Telephone provider
• Email provider
• IT service provider
• Web developer
• Hosting provider
• Property Management Software Provider
• Accountants
• Insurers
• Third Party Maintenance Contractors
Our third-party service providers/contractors are located in the United Kingdom.
Your information will be shared with these service providers where necessary to provide you with the services and legal obligations as stated within your lease or TP1 or other such contract.
We do not display the identities of all of our service providers/contractors publicly by name for security and competitive reasons. If you would like further information about the identities of our service providers, please contact us directly via GDPR@ukems.com and we will provide you with such information where you have a legitimate reason for requesting it (where we have shared your information with such service providers, for example).
Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest relied on: where we share your information with these third parties in a context other than where is necessary to perform a contract (or take steps at your request to do so), we will share your information with such third parties in order to allow us to run and manage our business efficiently.
Legal basis for processing: necessary to perform a contract and/or to take steps at your request prior to entering into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: we may need to share information with our service providers/contractors to enable us to perform our obligations under that contract or to take the steps you have requested before we enter into a contract with you.
Disclosure and use of your information for legal reasons
Sale of business asset or merger
Sharing your information with a prospective or actual purchaser or seller in the context of a business or asset sale or acquisition by us, a merger or similar business combination event, whether actual or potential.
Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): sharing your information with a prospective purchaser, seller or similar person in order to allow such a transaction to take place.
Indicating possible criminal acts or threats to public security to a competent authority
If we suspect that criminal or potential criminal conduct has been occurred, we will in certain circumstances need to contact an appropriate authority, such as the police. This could be the case, for instance, if we suspect that we fraud or a cybercrime has been committed or if we receive threats or malicious communications towards us or third parties.
We will generally only need to process your information for this purpose if you were involved or affected by such an incident in some way.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: preventing crime or suspected criminal activity (such as fraud).
In connection with the enforcement or potential enforcement our legal rights
We will use your information in connection with the enforcement or potential enforcement of our legal rights, including, for example, sharing information with debt collection agencies if you do not pay amounts owed to us when you are contractually obliged to do so. Our legal rights may be contractual (where we have entered into a contract with you) or non-contractual (such as legal rights that we have under copyright law or tort law).
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: enforcing our legal rights and taking steps to enforce our legal rights.
In connection with a legal or potential legal dispute or proceedings
We may need to use your information if we are involved in a dispute with you or a third party for example, either to resolve the dispute or as part of any mediation, arbitration or court resolution or similar process.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): resolving disputes and potential disputes.
For ongoing compliance with laws, regulations and other legal requirements
We will use and process your information in order to comply with legal obligations to which we are subject. For example, we may need to disclose your information pursuant to a court order or subpoena if we receive one from the National Crime Agency in connection with suspected or potential money laundering matters.
Legal basis for processing: compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation).
Legal obligation(s): legal obligations to disclose information which are part of the laws of England and Wales or if they have been integrated into the United Kingdom’s legal framework (for example in the form of an international agreement which the United Kingdom has signed).
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: where the legal obligations are part of the laws of another country and have not been integrated into the United Kingdom’s legal framework, we have a legitimate interest in complying with these obligations.
How long we retain your information
This section sets out how long we retain your information. We have set out specific retention periods where possible. Where that has not been possible, we have set out the criteria we use to determine the retention period.
Retention periods
Server log information: we retain information on our server logs for six years
Service Charge Payment information: when you pay your service charges, administration fees or ground rent, we retain that information for six years following the end of the financial year in which you were issued the demand, in accordance with our legal obligation to keep records for tax purposes.
Correspondence and enquiries: when you make an enquiry or correspond with us for any reason (Other than the management of your development where contractual obligations apply) whether by email, via our web contact form, contact information form or by phone, we will retain your information for as long as it takes to respond to and resolve your enquiry, and for 6 further months after which point we will delete your information.
Criteria for determining retention periods
In any other circumstances, we will retain your information for no longer than necessary, taking into account the following:
• the purpose(s) and use of your information both now and in the future (such as whether it is necessary to continue to store that information in order to continue to perform our obligations under • a contract with you or to contact you in the future);
• whether we have any legal obligation to continue to process your information (such as any record-keeping obligations imposed by relevant law or regulation);
• whether we have any legal basis to continue to process your information (such as your consent);
• any relevant agreed industry practices on how long information should be retained;
• the levels of risk, cost and liability involved with us continuing to hold the information;
• how hard it is to ensure that the information can be kept up to date and accurate; and
• any relevant surrounding circumstances (such as the nature and status of our relationship with you).
How we secure your information
We take appropriate technical and organisational measures to secure your information and to protect it against unauthorised or unlawful use and accidental loss or destruction, including:
• only sharing and providing access to your information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymised basis wherever possible;
• using secure servers to store your information
• verifying the identity of any individual who requests access to information prior to granting them access to information;
• property management software is password protected and encrypted
• where data is in paper form, it is stored in a secure data room
• where data in paper form is disposed of, it is shredded, and a certificate of disposal provided
Transmission of information to us by email
Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via our website or any other means), you do so entirely at your own risk.
We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.
Your rights in relation to your information
Subject to certain limitations on certain rights, you have the following rights in relation to your information, which you can exercise by writing to GDPR, 31 Greek Street, Stockport, Cheshire, SK3 8AX or email GDPR@ukems.com
• to request access to your information and information related to our use and processing of your information;
• to request the correction or deletion of your information;
• to request that we restrict our use of your information;
• to receive information which you have provided to us in a structured, commonly used and machine-readable format (e.g. a CSV file) and the right to have that information transferred to another • data controller (including a third-party data controller);
• to object to the processing of your information for certain purposes (for further information, see the section below entitled Your right to object to the processing of your information for certain purposes); and
• to withdraw your consent to our use of your information at any time where we rely on your consent to use or process that information. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent.
In accordance with Article 77 of the General Data Protection Regulation, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or of an alleged infringement of the General Data Protection Regulation.
For the purposes of the UK, the supervisory authority is the Information Commissioner’s Office (ICO), the contact details of which are available here: https://ico.org.uk/global/contact-us/
Further information on your rights in relation to your personal data as an individual
The above rights are provided in summary form only and certain limitations apply to many of these rights. For further information about your rights in relation to your information, including any limitations which apply, please visit the following pages on the ICO’s website:
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/; and
https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/
You can also find out further information about your rights, as well as information on any limitations which apply to those rights, by reading the underlying legislation contained in Articles 12 to 22 and 34 of the General Data Protection Regulation, which is available here: http://ec.europa.eu/justice/data-protection/reform/files/regulation_oj_en.pdf
Verifying your identity where you request access to your information
Where you request access to your information, we are required by law to use all reasonable measures to verify your identity before doing so.
These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorised access to your information.
Sensitive Personal Information
‘Sensitive personal information’ is information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, bio-metric information for the purpose of uniquely identifying an individual, information concerning health or information concerning a natural person’s sex life or sexual orientation.
We do not knowingly or intentionally collect sensitive personal information from individuals, and you must not submit sensitive personal information to us.
If, however, you inadvertently or intentionally transmit sensitive personal information to us, you will be considered to have explicitly consented to us processing that sensitive personal information under Article 9(2)(a) of the General Data Protection Regulation. We will use and process your sensitive personal information for the purposes of deleting it.
Changes to our Privacy Policy
We update and amend our Privacy Policy from time to time.
Minor changes to our Privacy Policy
Where we make minor changes to our Privacy Policy, we will update our Privacy Policy with a new effective date stated at the beginning of it. Our processing of your information will be governed by the practices set out in that new version of the Privacy Policy from its effective date onwards.
Major changes to our Privacy Policy or the purposes for which we process your information
Where we make major changes to our Privacy Policy or intend to use your information for a new purpose or a different purpose than the purposes for which we originally collected it, we will notify you by email (where possible) or by posting a notice on our website.
We will provide you with the information about the change in question and the purpose and any other relevant information before we use your information for that new purpose.
Wherever required, we will obtain your prior consent before using your information for a purpose that is different from the purposes for which we originally collected it.
