Privacy Policy

We are F W Gapp of Caxton Gate. 32 Caxton Road London W12 8AJ .We are real estate agents who work for Landlords and Tenants to rent, manage, sell and buy property.

Introduction

Purpose

F W Gapp is committed to being transparent about how it collects and uses the personal data of its Landlords, Tenants and Applicants and to meeting its data protection obligations. This policy sets out F W Gapp’s commitment to data protection, and individual rights and obligations in relation to personal data.

This policy applies to the personal data of rental and sale Applicants, Tenants, Guarantors and Landlords, referred to as Property-Related Personal Data (PRPD).

F W Gapp has appointed Paul Howe as its Data Protection Officer. His role is to inform and advise F W Gapp on its data protection obligations. He can be contacted at paul@fwgapp.co Questions about this policy or requests for further information should be directed to the Data Protection Officer.

What information does F W Gapp collect?

F W Gapp collects a range of PRPD. Where required for the performance of our role as real estate agent this may include:

your name, address and contact details, including email address and telephone number;
details of your rental history;
information about your current level of remuneration
your property information
bank accounts details
information about your Right to Rent in the UK
proof of identity for Anti-Money Laundering Regulations

F W Gapp may collect this PRPD in a variety of ways. For example, data might be contained in application forms or obtained from your passport or other identity documents. F W Gapp may also collect PRPD about you from third parties, such as references supplied by employers and previous landlords.

F W Gapp may use CCTV on our premises to ensure the safety and security of staff and customers.

Why does F W Gapp process Personal Data?

F W Gapp need to process PRPD to coordinate real estate transactions. We will need to process your PRPD to enter into a Contract with you, or to enable a real estate transaction between a Landlord and Tenant.

In some cases, F W Gapp needs to process PRPD to ensure that it is complying with its legal obligations. For example, Right to Rent and Anti-Money Laundering Regulations.

F W Gapp has a legitimate interest in processing PRPD during the real estate process and for keeping records of the process. F W Gapp may also need to process PRPD to respond to and defend against legal claims.

F W Gapp will not use your PRPD for any purpose other than the real estate purpose for which you have applied.

Who has access to Personal Data?

F W Gapp does not sell on any PRPD.

Your PRPD may be shared internally for the purposes of the real estate transactions. F W Gapp will not share your PRPD with third parties, unless it is for the proper performance of real estate activities and or required by law.

F W Gapp may pass contact details to trusted contractors (plumbers, electricians, etc) so that they may properly complete their real estate duties on property we manage.

F W Gapp will not transfer your PRPD outside the European Economic Area unless it is for the specific purpose of contacting a Landlord, Applicant, Tenant or Guarantor who resides outside the European Economic Area, in order to undertake a real estate transaction.

We hold PRPD electronically in a secure document management system and on on-site file servers. Network infrastructure is protected using firewalls and anti-malware software. We also have off-site back-up servers in secure locations.

We store papers in lockable cabinets in our offices when not being actively used and we have a secure off-site document storage facility for archived papers.

We will not disclose PRPD you provide to any third parties other than as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation (we will always aim to ensure that your privacy rights will continue to be protected).

Where necessary, or for the reasons set out in this policy, PRPD may also be shared with regulatory authorities, courts, tribunals, government agencies and law enforcement agencies. Whilst unlikely, we may be required to disclose your information to comply with legal or regulatory requirements.

Data Protection

F W Gapp processes PRPD in accordance with the following data protection principles:

F W Gapp processes PRPD lawfully, fairly and in a transparent manner.
F W Gapp collects PRPD only for specified, explicit and legitimate purposes.
F W Gapp processes PRPD only where it is adequate, relevant and limited to what is necessary for the purposes of processing.
F W Gapp keeps accurate PRPD and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.
F W Gapp keeps PRPD only for the period necessary for processing and if required by law.
F W Gapp adopts appropriate measures to make sure that PRPD is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.

F W Gapp tells individuals the reasons for processing their PRPD, how it uses such data and the legal basis for processing in its privacy notices. It will not process PRPD of individuals for other reasons.

Where F W Gapp processes special categories of personal data or criminal records data to perform obligations or to exercise rights in property law, this is done in accordance with a policy on special categories of data and criminal records data.

F W Gapp will update PRPD promptly if an individual advises that his/her information has changed or is inaccurate.

PRPD gathered during the property process is held in the individual's property file (in hard copy or electronic format, or both), and on software systems.

The transmission of information via the internet is never completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your electronic information transmitted to us and any transmission is at your own risk.

F W Gapp keeps a record of its processing activities in respect of PRPD in accordance with the requirements of the General Data Protection Regulation (GDPR).

Individual Rights

Subject access requests

Individuals have the right to make a subject access request. If an individual makes a subject access request, F W Gapp will tell him/her:

whether or not his/her PRPD is processed and if so why, the categories of PRPD concerned and the source of the data if it is not collected from the individual;
to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers of PRPD
for how long his/her PRPD is stored (or how that period is decided);
his/her rights to rectification or erasure of data, or to restrict or object to processing;
his/her right to complain to the Information Commissioner if he/she thinks F W Gapp has failed to comply with his/her data protection rights; and whether or not F W Gapp carries out automated decision-making and the logic involved in any such decision-making.

F W Gapp will also provide the individual with a copy of the PRPD undergoing processing. This will normally be in electronic form if the individual has made a request electronically.

If the individual wants additional copies, F W Gapp will charge a fee, which will be based on the administrative cost to F W Gapp of providing the additional copies.

To make a subject access request, the individual should send the request topaul@fwgapp.co. In some cases, F W Gapp may need to ask for proof of identification before the request can be processed. F W Gapp will inform the individual if it needs to verify his/her identity and the documents it requires.

F W Gapp will normally respond to a request within a period of one month from the date it is received. In some cases, where large amounts of PRPD has been requested, it may respond within three months of the date the request is received. F W Gapp will write to the individual within one month of receiving the original request to tell him/her if this is the case.

If a subject access request is manifestly unfounded or excessive, F W Gapp is not obliged to comply with it. Alternatively, F W Gapp can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which F W Gapp has already responded. If an individual submits a request that is unfounded or excessive, F W Gapp will notify him/her that this is the case and whether or not it will respond to it.

Other rights

Individuals have a number of other rights in relation to their PRPD. They can require F W Gapp to:

rectify inaccurate PRPD;
stop processing or erase PRPD that is no longer necessary for the purposes of processing;
stop processing or erase PRPD if the individual's interests override F W Gapp’s legitimate grounds for processing PRPD (where F W Gapp relies on its legitimate interests as a reason for processing PRPD);
stop processing or erase PRPD if processing is unlawful; and
stop processing PRPD for a period if PRPD is inaccurate or if there is a dispute about whether or not the individual's interests override F W Gapp’slegitimate grounds for processing PRPD.

To ask F W Gapp to take any of these steps, the individual should send the request to paul@fegapp.co You can also make a complaint to the data protection supervisory authority, the Information Commissioner's Office, at https://ico.org.uk

What if you do not provide Personal Data?

You are under no statutory or contractual obligation to provide data to F W Gapp during the real estate process. However, if you do not provide the information, F W Gapp may not be able to process the real estate transaction.

Data Security

F W Gapp takes the security of PRPD very seriously. F W Gapp has internal policies and controls in place to protect PRPD against loss, accidental destruction, misuse or disclosure, and to ensure that PRPD is not accessed, except by employees in the proper performance of their duties.

Where F W Gapp engages third parties to process PRPD on its behalf, such parties are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of PRPD.

Data Breaches

If F W Gapp discovers that there has been a breach of PRPD that poses a risk to the rights and freedoms of individuals, it will report it to the Information Commissioner within 72 hours of discovery. F W Gapp will record all PRPD breaches regardless of their effect.

If the breach is likely to result in a high risk to the rights and freedoms of individuals, it will tell affected individuals that there has been a breach and provide them with information about its likely consequences and the mitigation measures it has taken.

Individual Responsibilities

Individuals are responsible for helping F W Gapp keep their PRPD up to date. Individuals should let F W Gapp know if data provided to F W Gapp changes, for example if an individual moves house or changes his/her bank details.

Individuals may have access to the PRPD of other individuals in the course of their real estate transactions. Where this is the case, F W Gapp relies on those individuals to help meet its data protection obligations to staff and to customers and clients.

Individuals who have access to personal data are required:

to comply with all Terms of the ICO https://ico.org.uk.
to access only data that they have authority to access and only for authorised purposes;
not to disclose data except to individuals (whether inside or outside F W Gapp) who have appropriate authorisation;
to keep data secure;

Failing to observe these requirements may amount to an offence under GDPR. Significant or deliberate breaches will be reported to the ICO.

F W Gapp shall not be liable for Landlords and individuals’ compliance with GDPR.

Landlords and individuals are recommended to seek their own independent legal advice on GDPR.

Training

F W Gapp will provide training to all staff about their data protection responsibilities as part of the induction process and at regular intervals thereafter.

Changes to our Privacy Policy

We regularly review our privacy policy and may make changes from time to time. Any changes made will be posted on our website and will apply from the time we post them.

Disclaimer

F W Gapp takes all reasonable care to ensure that the information contained on this website is accurate, but cannot guarantee its accuracy and F W Gapp reserves the right to change the information on this website at any time.

F W Gapp makes no representations or warranties of any kind with respect to this website or the content contained on it, including any text, graphics or other items. F W Gapp does not make any representation or give any warranty, condition, undertaking or term either expressed or implied as to the condition, quality, performance, accuracy, fitness for purpose, completeness or freedom from viruses of the content contained on this website or that such content will be accurate, up to date, uninterrupted or error free.