Privacy Notice GDPR 2018

Introduction

The General Data Protection Regulation (GDPR) seeks to protect and enhance the rights of data subjects. We are committed to protecting and respecting your privacy. We take your privacy seriously and will only use your personal information to progress your case and as set out in this privacy notice.

The legal basis for processing your personal data will be to meet our contractual obligations to you and where we also act for your mortgage lender their contractual obligations with us. This data will also be processed to meet our and your legitimate interests and your mortgage lenders legitimate interests.

Who are we

We are Kirkstall Property Lawyers a trading name of Enact Conveyancing Limited (“Enact” or “we”). Enact are a limited company registered in England & Wales under company number 04702946 and our registered office is at Cardinal House, 9 Manor Road, Leeds, LS11 9AH. Our VAT number is: 816779486. Enact is regulated by the Council for Licensed Conveyancers.

In what capacity will we hold information about you

In providing legal services, we will either act as a data controller or a data processor dependent on the source of the data we receive in connection with your transaction.

If you have supplied us information directly we will normally be the data controller and if you have provided the data to another party who then supplies us with the data, such as a Mortgage Lender, the Mortgage Lender will normally be the data

Whether we act as a data controller or data processor we will comply with the GDPR requirements.

What information will we hold about you

Personal information about you, if relevant to enable us to carry out the necessary identity checks and process your case, such as:

• title and full name
• current and new addresses
• date of birth
• telephone number (if you have chosen to provide it)
• your email address (if you have chosen to provide it)
• your mortgage offer
• your IP address (where you use our case tracker – for security purposes)
• your bank details (if you have chosen to provide them)
• a redemption statement relating to a mortgage on your property
• forms of identification such as your passport or driving licence
• office copies of the title to your property (if currently registered)

 

Information about your business, if relevant, such as:

• name or trading name
• current and previous addresses
• telephone number
• Companies House or VAT registration number
• unique tax reference number

 

How we will use information held about you

We will use it to process the conveyancing matter we are instructed on such as:-

• a sale of your property
• a remortgage of your property
• a purchase of your new property
• to register your new property at HM Land Registry
• to pay devolved taxes to Welsh Revenue Authority or HMRC
• to contact third parties where necessary to progress your case, such as a management company where your title is subject to a restriction requiring their consent  
• to liaise with your mortgage broker, mortgage lender, estate agent or other conveyancers involved in the property transaction or a related transaction such as a property chain where necessary to progress your case 

In order to process your transaction we may supply some of your personal information to TransUnion International UK Limited (which is a credit reference agency providing services such as credit risk and affordability checking, fraud prevention, anti-money laundering, identity verification and tracing) and/or InfoTrack UK Limited, who also provide anti-money laundering and identity verification services, as well as other conveyancing related services.

We may use the services of TransUnion and/or InfoTrack in order to check your identity and prevent criminal activity such as fraud and money laundering. Some of the services involve the processing of biometric data for the purpose of uniquely identifying you; this is a special category of personal data under the GDPR. Your specific consent will always be obtained before biometric data is processed.

More regarding these companies and the ways in which they use and share personal information can be found in the privacy notices below:

https://www.transunion.co.uk/legal-information/bureau-privacy-notice

https://www.infotrack.co.uk/privacy-policy/

We will also use the information to provide advice and guidance to you where we are acting for you in that capacity.

In some cases we may be required to disclose your personal information to our regulator, to comply with legal requirements and requests from government agencies.

In addition, should you obtain a quote for conveyancing services on our website, we will ask whether you consent to receive further communications from us regarding our products, services or general property industry related information. Should you provide this consent, you can unsubscribe at any time.

Our sister company, The Live Organisation Limited, provide services to us, including managing new business enquiries and conveyancing quotes. Should you obtain a quote from our website, your details may be shared with The Live Organisation Limited in order that they may discuss your quote and answer any questions you may have regarding the conveyancing process. Their privacy policy can be found here:

https://www.live-org.com/private-policy

Please note, we may record calls for regulatory purposes.

What happens if you cannot provide us with personal information

In the event that you are unable to supply us with the personal information we need in order to process your case, we may be unable to complete your case.

What are your rights relating to the use of your data

 Under data protection law, you have certain rights around the processing of your data, which depend on the legal basis for collecting your data and the uses made of your data. For all uses made of your data, you have the right to be informed about how we use your data and this notice discharges that obligation.  

However, further rights apply in different circumstances, set out below:-

• Right of access - you have a right to request a copy of the information we hold about you
• Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete
• Right to be forgotten – in certain circumstances you can ask for the data to be held about you to be erased from our records. Please note our regulatory retention period set out below
• Right of portability – you have the right to have the information we hold about you transferred to another organisation
• Right to restriction of processing – where certain conditions apply you have a right to restrict the processing. Please note this may mean we cannot continue with your case
• Right to object – you have the right to object to certain types of process such as direct marketing and automated processing - Please note we will not use your data for these purposes unless you have opted-in to these communications

Will your data be transferred outside the European Economic Area (“EEA”)

On occasions we may transfer your personal information outside the EEA where some case administration is undertaken. Where we make such a transfer, we will take the required steps to ensure your information is protected. Such steps will include placing the party we are transferring personal information to under contractual obligations to protect it to adequate standards.

How long will we retain your information

We are required by our regulator to retain the contents of files relating to all matters for a minimum of six years, except those relating to conveyancing matters (other than the sale of property) which must be retained for a minimum of fifteen years. 

Data Storage

Data is stored in Data Centres within the United Kingdom.

How we use Cookies

A cookie is a small file of letters and numbers that is downloaded onto your computer when you visit a website. You can use your web browser to control cookies. These cookies are used to secure sessions and improve access to our websites.

Further information  

In the event you wish to make a complaint about how your personal data is being processed by Enact you have the right to complain to the Enact Data Protection Officer. You also have the right to complain to the Information Commissioner’s Office who would normally expect we have been given the opportunity to respond to your complaint within 30 days.  

Data Protection Officer
Enact Conveyancing Limited
PO Box HK3
David Street
Leeds
LS11 5QJ

informationsecurity@enact.co.uk

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
SK9 5AF