Foxbrush

Privacy notice for clients & customers

Introduction

Foxbrush Property is a registered “data controller” (number ZB492658). This means that we are responsible for deciding how we hold and use personal information about you. We are committed to protecting the privacy and security of your personal data and to meeting out data protection obligations.

We strive to always be clear and transparent about how we collect and use your data, and we are proud to be signatories of the Real Estate Data (RED) Foundation ’s Data Ethics Principles and to support their work in the industry.

Foxbrush Property collects, stores, and processes personal data relating to clients, customers, prospective clients and customers, contractors and suppliers in order to provide property management services. This privacy notice sets down how we collect and uses personal data about you.

Data protection principles

Foxbrush Property will comply with data protection law. This means that the personal data we hold about you must be:

  • Used lawfully, fairly, and in a transparent way;
  • Collected only for valid purposes that we have explained to you clearly and not used in any way that is incompatible with these purposes;
  • Relevant to the purposes we have told you about and limited to those purposes only;
  • Accurate and kept up to date;
  • Kept only for such time as is necessary for the purposes we have told you about; and
  • Kept securely.

What information does Foxbrush Property collect and process?

Personal data means any information about an individual from which the person can be identified. In order to provide our services, Foxbrush Property collects and stores a range of personal data about you. This includes:

  • Background information such as secondary address and contact details (i.e. contact details other than those for the building we manage), and residency status (where you spend most of your time)
  • Bank account details, if you ever request a refund of an overpayment and share these details with us
  • Lease and property ownership information;
  • Recovery of arrears, claims, or possession proceedings;
  • Repair and health and safety records relating to your property, if applicable;
  • Breach of lease terms/complaints;
  • CCTV and audio recordings (if applicable for your building); and
  • General correspondence in all formats (letters, emails, text messages etc).

We may also collect, store and use the following special categories of more sensitive personal data (known as “special category personal data”):

  • Information about medical or health conditions, including whether or not you have a disability for which the we need to make adaptations (for example as part of a fire safety personal emergency evacuation plan (PEEP); and
  • Other sensitive data such as ethnic origin, sexual orientation, health, and religion or belief if you share these with us because they are relevant to the service we to provide you

We collect this information in a variety of ways. For example, personal data is collected through the client and customer onboarding process, and through correspondence during the property management contract. We also generate our
own records such as service charge payment records.

In some cases, we collect personal data about you from third parties, such as:

  • The Land Registry
  • Conveyancing solicitors, if you sell or purchase a property
  • Other third parties, e.g. referrals/recommendations for new clients

Personal data is stored in a range of different places, including in paper files and in our IT systems (including emails).

Why does Foxbrush Property process personal data?

We need to process personal data in order to manage residential properties, to communicate with you, to prevent crime, and to provide a personalised service. As such, we have a legitimate interest in processing personal data before, during and after your time as a client or customer.

Situations in which we will use your personal information

Situations in which we will process your personal information are listed below:

  • To communicate with you about your property;
  • To manage the property, including but not limited to arranging repairs, maintenance, other works and inspections
  • To secure payment of service charges, our fees, and other customer and client obligations;
  • To keep accurate records relating to the property;
  • To conduct anti-money laundering checks;
  • To monitor and enforce performance of Leaseholder’s obligations, on behalf of the Freeholder
  • To recover debts and/or take appropriate action for arrears;
  • To handle disputes and complaints;
  • To address health and disability issues relating to Leaseholders/ tenants/residents;
  • To create and keep audio and CCTV recordings for the purposes of prevention and investigation of crime;
  • To provide information to public or local authorities who are legally entitled to require this information;
  • To contact next of kin or close relatives in case of emergency;
  • To store of emails, records of calls and other communications;
  • To comply with legal and regulatory requirements;
  • To bring and defend legal claims; and
  • To prevent, detect and investigate crime and anti-social behaviour.

If you fail to provide personal information

If you do not prove certain information when requested, it may hinder or prevent us from providing services to you.

Change of purpose

We will only use your personal data for the purposes for which it was collected unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose(s). If we ever need to use your personal data for
an unrelated purpose, we will advise you of this and explain the legal basis which allows us to do so.

You should be aware that we may process your personal data without your knowledge or consent where this is required or permitted by law.

Use of sensitive personal information

Some special categories of personal data, such as information about health or medical conditions, are processed to comply with legal obligations (for example, in relation to clients or customers with disabilities for health and safety purposes).

How does Foxbrush Property protect personal data?

We will only hold your personal data for as long as is necessary to fulfil the purposes we collected it for, including any legal, accounting or reporting requirements. Foxbrush Property manages its information using a Retention & Disposal Plan (RDP) which can be shared upon request. This policy states how long different kinds of information are kept for, including CCTV images and recordings.

Who is information shared with?

Your information will be shared internally within Foxbrush Property with members of staff.

We will never sell or rent your personal information, and we will never share it with third parties for marketing purposes.

However, we may share your data with third parties where required by law, where it is necessary in order to administer the relationship with you or where we have another legitimate interest in doing so. In most cases, this would be limited to your contact details only.

Information can be shared with:

  • Professional advisers, including solicitors and accountants;
  • Contractors and trades people providing services at the property;
  • The Freeholder/owner and/or Residents’ Management Association of the building in which you own a property
  • Other leaseholders or residents of the building in which you own a property
  • Debt collectors and tracing services;
  • Local authorities and government/public bodies;
  • Ombudsman/redress schemes;
  • Professional body/regulator;
  • Courts/Tribunals;
  • Police/enforcement agencies;
  • Utility providers;
  • Next of kin or close relatives in case of emergency;
  • H.M. Revenue and Customs;
  • Council Tax authority;

We may store and/or transfer your personal data in or to countries outside of the UK when using IT solutions such as cloud storage systems. These are known as “third countries”. We will take additional steps in order to ensure that your personal data is treated as safely and securely as it would be within the UK on the basis of UK GDPR equivalency. If you require further information, it is available on request.

How does Foxbrush Property protect personal data?

Foxbrush Property takes the security of your personal data seriously. We have internal policies and controls in place to prevent your personal data being lost, accidentally destroyed, misused, or disclosed. Details of these measures are available on request.

When Foxbrush Property engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please be sure to keep us informed if your personal data changes.

Your duty to inform us of changes

As a data subject, you have a number of rights. You can:
  • Access and obtain a copy of your data on request (known as a “data subject access request”);
  • Require Foxbrush Property to change incorrect or incomplete data;
  • request erasure of your personal data. This enables you to ask us to delete or stop processing your data, for example, where the data is no longer necessary for the purposes of processing;
  • Object to the processing of your data where the we are relying on our legitimate interests as the legal ground for processing; and
  • Ask us to suspend the processing of your personal data for a period of time if data is inaccurate or there is a dispute about its accuracy or the reason for processing it.
If you would like to exercise any of these rights, or you have any questions about the privacy notice, you can contact us using the form on our website or by asking the Managing Agent assigned to your property. If you believe that Foxbrush Property has not complied with your data protection rights, you have the right to make a complaint to the Information Commissioner’s Office.

v1.4, last updated 28/09/23