What This Policy Is About
We call this information “your information”. It is also referred to as “data”. Where this Policy is given to more than one person it is given to each of you separately. If there is no Guarantor, please disregard any reference in this Policy to Guarantor or guarantee.
You should read this Policy when you give us information so that you are aware of how and why we are using this. Please update us if any information supplied by you changes.
Why We Are Giving You This Policy
We are required by Data Protection Law to provide you with this Policy. We must be open with you about why information is collected about you and then what is done with it. We must act fairly in relation to this information. You have various legal rights relating to this i nformation which are spelt out in more detail in this Policy.
If you are already a Leaseholder/Licensee or Guarantor some of the items in this Policy may not be relevant to you. Different information will be involved depending on whether you are a Leaseholder/Licensee or Guarantor.
In order that we can collect or use information about you there must be a legal basis or gateway for doing so. This Policy identifies the relevant gateway for the various types of information we collect and hold about you. A detailed explanation of these gateways is given in this Policy.
Under Data Protection legislation we can only process data “as necessary” and only to the extent that it is required. For example, we can use your bank details in connection with payments and other limited purposes only. However, in certain instances, as necessary, we can shar e any of your data, e.g. with our own professional advisers or letting and managing agents. We may also share any of your data, as necessary, with the police/law enforcement agencies or regulatory authorities.
References to a Leaseholder/Licensee in this Policy also include a Guarantor if there is one. This is because a Guarantor underwrites a Leaseholder/Licensee’s obligations so references to your Leaseholder/Licensee are to include your guarantee.
The Data We Collect/Hold About You
We use different ways to collect data about you including the information you supply to us when applyin g for a Lease/Licence. If you fail to provide this information, we may not be able to proceed. As necessary personal data is processed by us (or by any lettin g/managing agent we retain relating to Leaseholder/Licensee/prospective Leaseholder/Licensee/Guarantor consisting of the following as applicable:
• identity and contact details ;
• bank details;
• deposit including return on Leaseholder/Licensee termination
• Leaseholder/Licensee details including renewals, joint Leaseholder/Licensees and Guarantors;
• rent and other payments;
• recovery of arrears, claims or possession proceedings ;
• repairs/health and safety/ condition of Units;
• breach of Lease/Licence terms/nuisance/anti-social behaviour;
• Business Rates liability;
• utilities and services provided ;
• termination of Lease/Licence;
• audio and CCTV recordings (if any);
• health or disability;
• emails, texts and other communication and via our website;
• website and online portal information.
We also generate and use data internally, e.g. our rent records. We collect and receive data about you from third parties. This may be information given to us by other Leaseholder/Licensees or neighbours. It can include information from a Guarantor where there is a Guarantor for your Lease/Licence Agreement or from a joint Leaseholder/Licensee or other Leaseholders/Licensees. Public bodies such as Local Authorities or the Police, or other law enforcement agencies may give us information about you. Information may be given to us relevant to Business Rates by the Local Authority. Utility companies or service providers may also give us personal information about you. Where the property is let or managed on our behalf by an agent the agent will supply us with information about you.
Sharing Data With Others
We will share information we hold with others, where this is necessary. When we do this, we must comply with Data Protection legislation. Information can be shared with contractors/suppliers; utilities and service providers; tradespeople; financial organisations (including banks and insurance companies); debt collection and tracing agents; public and Government bodies, Courts; Police and law enforcement agencies; taxation authorities; Local Authorities in relation to Business Rates and regulatory functions and any future owner of the Business Park/Centre. We may need to share information wit h your next of kin or emergency contact, in the event of an emergency. It may be necessary for us to share information with a future owner of the Business Park/Centre if we are selling. We also may share information with professional advisers such as Lawyers and Accountants or an advice agency which involves sharing information about you with them. In some cases, we may be under a legal obligation to provide information either because of the law or because of a binding contractual obligation. What we actually share will depend on what is necessary under the particular circumstance.
Joint Leaseholder/Licensees & Guarantors
Where you have a Lease/Licence jointly with someone else or there is a Guarantor for your Lease/Licence, as necessary, we will share information either with the joint Leaseholder/Licensee or the Guarantor (or both). This relates to your performance of your responsibilities under the Lease/Licence Agreement including information about any rent arrears or other breach of the Lease/Licence terms. It can also relate to issues around the termination of the Lease/Licence and any claims we may have as a result.
Search Engines & Websites
As necessary, we obtain information about you which is publicly available via search engines such as Google, Companies House and relevant websites. This will include information about you which you yourself made public. However, when doing so we make sure that we comply with applicable guidelines under Data Protection legislation.
Special Categories Of Data/Sensitive Personal Data
In limited situations we will proce ss information about your health or any disability. This data is given special protection under Data Protection law. Normally we would expect to ask you for your explicit consent before we collect or use this kind of data.
We notify the Local Authority of your occupancy/termination of Lease/Licence relevant to the collection of Business Rates. In any event they are entitled to serve notice upon us requiring this information if they choose to do so.
Why We Collect Data & The Legal Basis for Processing Your Personal Data
We have to tell you why we collect and hold information about you. We must also have a legal basis before we are allowed to collect or process your personal data. Processing personal data includes recording, storing, altering, using, sharing or deleting data. We only need one of these “gateways” and for our purposes they are:
• you consent. Consent may be requested in certain cases, e.g. to obtain a reference but generally we do not rely on your consent to process your personal data ;
• to perform our contractual obligations so that we can carry out our responsibilities under the Lease/Licence Agreement with you, including anything you request us to do with a view to you becoming a Leaseholder/Licensee;
• compliance by us with a statutory or other legal obligation ;
• where this is in your vital interests, e.g. if there is a life threatening situation ;
• where we are pursuing our own legitimate interests or those of a third party. This will not apply if our interests are overridden by your interests or your fundamental rights and freedoms. We have to carry out a balancing exercise therefore to decide whether we can re ly on this gateway to ensure that it applies. Where it is deemed necessary to do this we do not consider your interests, rights or freedoms outweigh our own or those of the third party concerned.
This Policy identifies the relevant gateway applicable i n each case. In some cases, we will rely on more than one gateway depending on the particular purpose for which we are using your data. Additionally, any data must be processed by us fairly and openly.
Why We Process Your Data
The various purposes for which it may be necessary for us to process various categories of your information include:
• in our legitimate interests for deciding on the suitability of a proposed Leaseholder/Licensee;
• in our legitimate interests for verifying the credit worthiness/suitability of Leaseholder/Licensees;
• to perform our contractual obligations to deal with joint Leaseholder/Licensees who are linked to the Lease/Licence;
• to perform our contractual obligations to complete the Lease/Licence Agreement;
• in our legitimate interests to secure rental payments/performance of Leaseholder/Licensee obligations, e.g. deposits and Guarantors;
• for contractual obligations for rent collection and collection of othe r payments including bank details;
• for contractual obligations for managing the Lease/Licence and the Unit;
• for contractual obligations and/or in our legitimate interests for record keeping ;
• for contractual obligations for arranging repairs and maintaining the condition of the Unit and keeping it in a safe condition;
• for contractual obligations for monitoring and enforcement of Leaseholder/Licensee responsibilities;
• for contractual obligations or in our legitimate inter ests for recovering debts and other payments due, including any possession proceedings ;
• in our legitimate interests for administering liability for Business Rates;
• In our legitimate interests in relation to Lease/Licence termination including the return of any deposit;
• in our legitimate interests for processing complaints ;
• for contractual obligations or in our legitimate interests for dealing with health and disability issues relating to Leaseholder/Licensees;
• in our legitimate interests for obtaining and h olding audio and CCTV recordings;
• to perform our legal obligations to provide information to public or Local Authorities who are legally entitled to require this information ;
• in your vital interests for contacting relevant parties in an emergency;
• in our legitimate interests for the storage of emails, records of calls and other communications ;
• in accordance with our legal obligations if you exercise your rights under Data Protection law;
• to perform our legal obligations for complia nce with legal and regulatory requirements ;
• in our legitimate interests for the establishment and defence of legal rights ;
• in our legitimate interests for prevention, detection and investigation of crime and anti-social behaviour and the security of any we bsite or other means of electronic communication .
We may change the purposes where this is compatible for the purpose for which we obtained the data originally. If we need to use your data for a non compatible purpose we will notify you and explain the legal gateway that allows us to do so. We may process your information without your knowledge where this is required or permitted by law.
We will monitor, record and retain your emails, text messages, social media messages and other communications. This is in our legitimate interests to maintain an accurate record of these. This may be necessary to manage your Lease/Licence or the Unit or to deal with Leaseholder/Licensees or prospective
Leaseholder/Licensees/Guarantors. We need these records for our ongoing dealings with you, including our Data Protection obligations.
Length Of Storage Of Data
Data can only be stored on a time limited basis and not indefinitely. We will hold personal data about you for the duration of your Lease/Licence and for seven years after your Lease/Licence has ended. This is the statutory limitation period six years pl us a further year to allow for service of proceedings should proceedings be commenced later on. We are also required to retain information for up to six years for tax purposes. If your Lease/Licence application does not go ahead then we retain data for a period of one year.
Storage & Security Of Data
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, con tractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
Our information is stored securely electronically on servers or devices. Certain information is also retained on a secure basis in hard copy format.
Where CCTV cameras have been installed, this is for security purposes in cases where we consider that it is in our legitimate interests to carry out such monitoring which must be done in accordance with legal requirements. We may also use CCTV to detect breaches of the Lease/Licence Agreement e.g. in the common parts or outside the building. Recordings will be kept for these purposes.
Information Legally Required Under Your Leaseholder/Licensee Agreement
Your Lease/Licence Agreement provides that in certain situations you must give us inform ation when asked. This is a legal obligation because it is a contractual requirement. You should refer to the relevant clauses in your Lease/Licence Agreement which tell you the situations in which such information must be given.
Holding Data Outside the European Union
Our email account is web based. Providers store related data internationally and not necessarily within the European Union. The recipient of this data is the provider concerned. You need to refer to the provider concerned to determine whether or not they have the required clearance (adequacy decision) from the EU authorities or whether or not, instead, there is an agreement containing appropriate and suitable safeguards and to obtain a copy of this agreement.
Where we hold personal data about you , you are the data subject. Data Protection legislation gives you a number of rights. To exercise any of these rights you should contact us using:
• email firstname.lastname@example.org;
• telephone 01322 555 209;
• letter Select Space Ltd, Estate Office, Old Bexley Business Park, 19 Bourne Road, Bexley, Kent, DA5 1LR
Under normal circumstances there will be no fee payable.
In particular you have a right to object to the processing of your information where we are processing this in our own legitimate interests or those of someone else. This applies if you feel that this impacts on your own interests or your fundamental righ ts or freedoms.
These rights are as follows :
• access – you have the right to make a request to be told what personal data we hold about you.
• correction/rectification – if you consider any data we hold about you is inaccurate you can tell us so that where appropriate this can be corrected. Where a mistake is made in data processing then you can ask to have it rectified. Any third parties who have received the data from us should then be told of the rectification and you should be informed by us of any such third parties ;
• erasure – you have a right to ask us in certain circumstances to erase any data we hold about you (the so called right to be forgotten). Individuals can request the right to have personal data erased to prevent processing in specific circumstances, i.e. it is no longer necessary, consent has been withdrawn, there is an objection and where applicable your rights etc., override the legitimat e interests to continue our processing, or data has been unlawfully processed ;
• you can object to our processing of data – this allows you to object to our processing of data about you. We must then stop processing data unless we can establish legitimate r eason for continuing. In particular this applies where we are relying on our own legitimate interests or those of a third party to process data, but it can also apply in other situations ;
• restricting processing – you can ask us to suspend processing of you r personal data and we must then restrict processing of data. This includes where you are contesting the accuracy of a statement or the lawfulness of the processing ;
• data portability – this allows individuals to reuse their personal data for their own purp oses across different services allowing them to move, copy or transfer personal data more easily.
Withdrawal of Consent
Where your consent provides us with the legal gateway to process data about you , you can withdraw this at any time by telling us using the contact details included in the section ‘Your Rights’ above.
We operate our own internal Complaints Policy, if you have any concerns about the way in which we collect or manage data please contact us.
Additionally, you have the right to lodge a complaint with the Supervisory Authority who is :
Information Commissioner Information Commissioner’s Office Wycliffe House
Water Lane Wilmslow Cheshire SK9 5AF
We are required by Data Protection legislation to keep your information up to date and it is of course in our own legitimate interests to do so for us to ensure that we have accurate records. For example, we keep our record of your rent payments up to date as they are received.
We keep information both electronically and in a manual filing system to maintain our records. We do this because we need to use it from time to time. Normally the legal gateway permitting us to do so which will apply will be the same as app lies when we use the data. Additionally, however, there are legal obligations to retain data under Data Protection Law and taxation legislation. We also need to do so to fulfil our contract with you. In our own legitimate interests, we also need to retain information to deal with enquiries or disputes and for audit purposes.
Destruction Of Data
We delete/destroy data once it is no longer needed. This is a requirement of Data Protection Law. This Policy tells you the period for which we normally store data.
Collecting, Compiling, Using & Storing Your Information
In this section we list out the different categories of your information, briefly explain them where needed, explain what we do with the infor mation and why, as well as specifying the relevant legal gateway we rely on to do so.
We use the word “manage” to cover collecting, compiling, using or storing this information.
Identity & Contact Details
1. This includes your name, registered address of your business, home address (where applicable), telephone number, email address and company registration number (where applicable).
2. We manage this information in order to enter into the Lease/Licence Agreement and subsequently to manage the Lease/License and the Unit. This is done to perform the contract.
Personal & Background Information
3. This information is managed to evaluate your suitability as a Leaseholder/Licensee. This is done for our own legitimate interests. These are to ensure that any let is to reliable Leaseholder/Licensees with suitable Guarantors where applicable.
4. We also manage the information which relates to emergency contacts, to contact them in the event of an emergency. This is to protect your vital interests.
5. This information will also be managed in the event that we need to trace you to contact you in connection with the Lease/Licence or the Unit or to pursue a claim against you, e.g. for rent arrears. This is in our own legitimate interests. These are to enforce your obligations, deal with property left behind at the property or to recover property.
6. This includes details of your bank, building society or other paying organisation, including those operating digitally/online primarily for the purpose of repaying holding deposits.
7. We manage this information in order to receive payments from you or on occasion to make payments to you. This is done to perform our con tract.
8. We also manage this information if we seek to make recovery from you of unpaid debt. This is in our
own legitimate interests. These are to recover what is due to us.
9. We also manage this information as part of our verification of your suitability as a Leaseholder/Licensee, including to protect against money laundering. This is in our own legitimate interests to ensure that we let to suitable Leaseholder/Licensees and do not receive proceeds of crime.
10. This includes renewals of the Lease/Licence. Information within this category includes the address of the Unit, start date for the Lease/Licence, duration of Lease/Licence , rent and other payments.
11. We manage this information to prepare and complete the Lease/Licence Agreement and then to manage the Lease/Licence and the Unit. This is done to perform our contract.
12. Leases/Licences are renewed by agreement. This will involve a request from you. We manage information about the renewal of Leases/Licences. This is done for contractual obligations .
13. Where you are a joint Leaseholder/Licensee details of any other joint Leaseholder/Licensee are linked with the Lease/Licence and/or Unit.
14. We manage this information to prepare and complete the Lease/Licence Agreement and thereafter to manage the Lease/Licence and the Unit. This is done so that we can form a contract.
15. Where there is a guarantee, we collect information about the identity and contact details of the
Guarantor. This is then linked to your Lease/Licence and the Unit.
16. We manage this information to protect our own legitimate interests. This is to provide security for the payment of the rent and to ensure compliance with Leaseholder/Licensee obligations.
17. This includes the amount of a deposit, who pays it and in what shares and the steps taken to protect the deposit.
18. We manage this information to deal with the deposit received and to administer the deposit. This includes handling information about persons who contribute towards the deposit who are not a Leaseholder/Licensee. This is done both for contractual obligations and to ensure compliance with legal obligations relating to handling deposits under the Deposit Protection Legislation. This is to secure payment of the rent and compliance with Leaseholder/Licensee obligations.
19. We also manage deposits at Lease/Licence termination and this is dealt with under that section.
Rent & Payment Collection
20. This includes records we compile to record receipt of rent and other payments from you and associated documentation relating to such payments. Also included is any documentation where we need to issue reminders for payment, including levying charges for in terest or fees for late payment.
21. We keep this information in order to compile correct and up to date records. This is done for contract performance.
Recovery of Arrears, Claims & Possession Proceedings
22. In the event of non-payment of rent or other payments due, or if there is breach of the Agreement (including allegations against ourselves) then we record this and enter into relevant communications. This includes information and documentation related to any proceedings which may be commenced or brought against us in relation to these matters, including proceedings to recover possession of the Unit.
23. We manage this information in order to pursue recovery of what is owing to us and to enforce our rights, to defend claims, and to recove r possession of the Unit. This is done in our own legitimate interests. These are to protect our property interests, to enforce our rights and to ensure payment due to us is made, as well as to defend any claims brought against us.
Repairs, Standards, Health & Safety
24. This includes condition surveys, inspection reports, reports of repairs required and information about actions taken. This extends to conditions and standards generally at the Unit including Health and Safety, e.g. gas safety.
25. We manage this information to ensure that the Unit and its contents are properly maintained. This is done both for the purposes of contractual obligations and, where applicable, to comply with our legal obligations.
Breach of Leaseholder/Licensee Agreement/Nuisance
26. This includes complaints which we receive or information which we hold relating to alleged breaches by a Leaseholder/Licensee including nuisance and anti-social behaviour. Included are records and related communications as well as complaints about these matters made by neighbour ing businesses, residents or other Leaseholder/Licensees.
27. We manage this information so as to ensure that Leaseholder/Licensee obligations are complied with and that Leaseholder/Licensees live harmoniously with neighbour ing businesses and residents . This is to protect our own legitimate interests and the legitimate interests of affected third parties. These legitimate interests are ensuring the Leaseholder/Licensee obligations are complied with as well as the prevention and detection of crime and anti-social behaviour.
Business Rates Liability
28. Notification is given to the Local Authority in relation to Leaseholder/Licensee liability for Business Rates. This can include information about the period of occupancy .
29. We manage this information in order to ensure that the liability for Business Rates is dealt with correctly. This is done to protect our own legitimate interests and those of the Local Authority. These are for the correct billing and collection of Business Rates and to ensure that we do not have to meet this liability ourselves where this is not appropriate.
Comply with our legal obligations
31. Where appropriate the Leaseholder/Licensee may be entitled to a reduction in Business Rates (Small Business Rates Relief). Information is managed relevant to claims made by Leaseholder/Licensees. This is in the interests o f the Local Authority administering the scheme to ensure that relief is properly calculated and applied.
32. A Lease/License may expire and the Leaseholder/Licensee decides not to renew. Leases can end early if the appropriate notice period is given . We may serve notice requiring the Leaseholder/Licensee to vacate the Unit and, if need be, enforce this by court possession proceedings.
33. Leaseholder/Licensee terminations of whatever kind also involve the return of any deposit paid, possible claims against Guarantors, claims on rent insurance or property insurance, arrangements for Leaseholder/Licensees to vacate the Unit, Leaseholder/Licensees property being left behind. They also give rise to issues around the state and condition in which the property has been left, e.g. cleanliness or damage.
34. We manage information relevant to these matters concerning Lease/License termination. This is done in our own legitim ate interests. This is to ensure that the Unit is returned to us in a proper state with vacant possession and that all appropriate financial claims by either party against the other are correctly dealt with. This includes our obligations in relation to the refund of deposits, so as to comply with our contractual obligations between us and the Leaseholder/Licensee deposit scheme we may be in with whom the deposit is protected.
35. We operate a complaints procedure which may be informal. Although we will do all we can unfortunately sometimes things go wrong so complaints may arise.
36. Information managed concerns complaints which you may make or which may be made on your behalf.
These will give rise to communications and records being compile d by us.
37. We manage complaints with a view to resolving these, although this might involve external intervention, e.g. by the courts.
38. We manage complaints for contract performance. This is also done in our own legitimate interests. These are to protect ourselves against claims and to ensure that the complaints are properly resolved.
39. Importantly, this is sensitive personal information to which additional protections apply. We may be given information about your health (whether mental or physical) or disabilities.
40. Health information may be given to us to explain your absence from the property or as a reason why rent has not been paid. You may wish us to have information about your health so that we are aware of how you may need assistance on occasion. This could also be information about health or disabilities affecting someone else which impacts on you.
41. We may be given information about your disabilities so that we can make particular arrangements for you, including any adaptations which m ay be required to make under Disability Discrimination legislation.
42. We manage information about your health or disability, and the health of others depending upon the circumstances to assist us in the management of the Leaseholder/Licensee and the Unit. This may be to protect your vital interests. It may alternatively be for contractual obligations where it affects your in our own legitimate interests if we are told of any medical condition which affects you. This is so we are aware of possible impacts on you.
43. Regarding information concerning any disability we manage this information to assist in the management of the Leaseholder/Licensee and the Unit. This may also be under a legal obligation where we are obliged by law to make provision to deal with your disability.
44. In addition, as this is special category data, additional legal requirements are imposed upon us about your health and/or disability and we may request your consent to manage this information.
CCTV & Audio
45. Select Space Limited operates CCTV cameras which cover the main entrance to the Old Bexley Business Park site and the car park at the same location. The entrance to some buildings is also covered as a result. Signage is displayed where the cameras are located. The CCTV footage is accessed and viewed only by relevant Select Space Ltd employees.
46. CCTV cameras have been installed for the purpose of the safety and security of the Business Park ; the prevention and detection of crime and anti -social behaviour; as well as monitoring Leaseholder/Licensee obligations. This is done in our own legitimate interests.
47. We may also hold audio recordings, e.g. messages from you on the telephone answering machine or mobile phone.
48. Correspondence includes all ways in which we receive communications from whatever source. This includes telephone calls, emails, letters and documentation. This can include photographs and other visual recordings.
49. We manage these communications initially i n connection with entering into the Leaseholder/Licensee Agreement and then for the management of the Lease/License and the Unit, as well as associated matters arising under the various categories of information referred to. This is done for contractual obligations where applicable, to carry out any applicable legal obligations imposed on us, to protect your vital interests, or in our legitimate interests. These legitimate interests are to ensure that we have the necessary information relating to these matt ers and for accurate record keeping.
Websites & Online Platforms
50. Information about you is available in the public domain, often put there by you. This can be accessed by appropriate searches which allow for access to the websites which hold this informati on.
51. Information about you is also made available when you access online platforms, e.g. to enquire about Units which are available for renting.
52. We manage this information to assess your suitability for a Lease/Licence and for the management of the Lease/License and the Unit. This is in our own legitimate interests to ensure that Leaseholder/Licensee is suitable and that the Lease/License and the Unit are effectively managed. This can include ensuring that Leaseholder/Licensee obligations are performed. These legitimate interests are to ensure that our property interests are protected and our rights are enforced.
53. We manage information received via our online platforms for contract performance, including
arranging lettings and entering into Lease/License Agreements.
54. We insure the buildings and may insure contents belonging to us. We may also insure against public liability, including liability to yourself for injuries and rental insurance, in the event of rent arrears or other Leaseholder/Licensee default.
55. We manage information about you which may be relevant to our insurances to arrange cover, to administer insurance contracts, to renew insurances and to make claims. Contractually we are under certain duties, e.g. to disclose information to the insurers. We manage this information to protect our legitimate interests. These are to ensure that appropriate risks are adequately insured against and to recover any sums due to us under the policy as a result of claims.
56. It is your responsibility to insure your own contents/bel ongings. You may seek information from us relevant to arranging such insurance or making claims. We manage this information and will do so with your consent which is provided as part of your request for any assistance or information.
57. We share your information with various persons, organisations and public authorities, as necessary. This involves us either transferring your information to others or collecting it from them, depending upon the circumstances. It can be a two way traffic between ourselves and others. In some instances, we may collect information about you f rom someone else following a request by us to them to provide this information.
58. Where we collect information from others (third parties) , if requested, we will tell you the source of this information, whether or not it is publicly accessible, the nature of the source (i.e. whether it is publicly or privately held) and the types of organisation from whom the information is obtained. Where possible we need to name the source as well but often this cannot be done.
59. Where information is received from a privat e person/body or a public authority, this information will not normally be publicly accessible. In some instances, however, it will be. Information which will be publicly accessible will be information such as rateable values for Business Rates and information available in public registers, e.g. registers of births and other available public registers.