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privacy
policy&
Terms& Conditions

PRIVACY POLICY

 

Introduction

 

In this document “The Company” or “The Landlord” or “The Agent” or “Earnest” or “Us” or “We” or “Our” refers to Earnest Property Investments Ltd and Earnest Holdings Ltd and Earnest Lettings Ltd (and any other private limited company or business venture involving the directors and any other persons employed under the directors).

 

The purpose is to maintain policy and records on data control pertaining to processing and controlling purposes, data sharing and retention/consent. The Company must comply with GDPR because it provides accommodation and services in exchange for payment.

 

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In More Detail 

 

Our responsibility as ‘controllers’ and sometimes ‘processors’ of data means that we must document all applicable information under Article 30(1) and 30(2) of the GDPR.

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Our organisation deals directly with, but not limited to, the following types of client base; high net worth investors, property buyers, property sellers, private home owners, tenants, guarantors, prospective tenants, and prospective guarantors.

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Examples of personal information and sensitive personal information that our organisation might control or process:

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  • Bank/building society statements and account details

  • Copies of photographic identification, e.g. passport/passport number, driving license/car registration, showing home address, date of birth, marital status, national insurance number, IP address, email address,

  • Documentation relating to the circumstances surrounding a client’s financial position, political opinion, sexual orientation, philosophical belief, health, ethnic origin, and that might be detrimental to their reputation or the general public

  • Criminal conviction and offence data

 

We may keep data for up to 5 years to assist, where absolutely necessary, with the company’s accounting. The company is completely transparent to customers with whom we collect data from and the purpose we retain it.

 

 

Tenant & Guarantor Notice:

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A guarantor guarantees the payment of all monies due arising out of the Tenancy Agreement between the tenant and the landlord. By agreeing to be the guarantor, you acknowledge that if the tenant fails to pay then you will become liable and will pay upon demand the sum owing. The guarantor also should be aware that in the event of defaulting in respect of the duties as guarantor, that such default may be pursued through the Court system. The guarantee is liable for the whole period of the Tenancy Agreement. If in doubt, the Company strongly advises you to seek independent legal advice.
 

Guarantors are required to be over 21 years of age, and able to demonstrate that they will be able to guarantee the rent payments additional to their own outgoings and liabilities, and the information provided true and accurate. The Landlord /Agency is a data controller, has a legitimate interest in processing the data contained in documents to decide on your suitability and affordability as a tenant and may ask for further documents to substantiate. The landlord may have to share this data with third parties to establish suitability as a tenant, and consent to a credit check being carried out.


I understand that I have to provide original documents proving the right to reside in the United Kingdom for all potential occupiers in the presence of the landlord or the agent. I understand that if I do not provide these documents for all occupiers then I will not be granted a tenancy.

 

Please note we may also ask for a deposit. 

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For security of the property, you consent to the video recording of yourselves and a camera being placed on the outside of the property.

 

Lawful Basis

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The lawful basis for processing or controlling the data and information we acquire is dictated in accordance with the professional responsibilities the company must abide to when vetting, for example; right to rent (tenants), money laundering (buyers/investors).

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All prospective tenants and guarantors are required to inform us if they have been made bankrupt or entered into any voluntary arrangements of any kind with their creditors, as well as any current or ongoing county court judgements.

 

We regularly conduct 12 monthly reviews and auditing of the personal data we process. For example, for investor/buyer clients we require an up to date financial statement to ensure that the buyer is still in the financial position to purchase the property opportunity or service. Once information is updated, old data is deleted. Data older than 5 years is deleted, unless there is significant reasoning to retain this information and/or we have consent from the individual/client.

 

As part of our record of processing we review our policies and procedures regularly that addresses in particular; retention, security, and data sharing (as mentioned already earlier in this document).

 

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References

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Earnest Property Investments ltd Client Engagement Letter (For Landlords)

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https://www.rla.org.uk/landlord/guides/data-protection-legislation-for-landlords.shtml

 

 

What do we do with personal data?

 

We use personal data to enable us to provide customers with a great service, as well as for us to make informed commercial decisions.

 

 

How long will we keep personal data?

 

We keep information while they are our customer and after they have left us. We use this information to provide the customer with the products and services they have selected and for a variety of other reasons. In each case, the length of time that we need to keep the information may be different, but we will only keep the information for as long as we need it.

 

We will share customer information in the following situations:

 

  • With partners, suppliers, agents and subcontractors who help us deliver the products and services they have chosen to use;

  • When they have provided consent;

  • When we have legal or regulatory requirements such as a request from the competition authority, law enforcement agency or a credit reference agency.

 

We collect information in three ways:

 

  1. Directly from customers, such as information filled in within application or registration forms, surveys and community posts;

  2. From the products and services they use, such as the calls they make to us;

  3. From 3rd parties, such as information from credit reference agencies.

 

Customers have the following rights:

 

  • To be informed about how we use their personal data;

  • To update their personal data. This can be done by formal written request to the Managing Director (contact details below);

  • To ask us to delete their personal data. However, there may be circumstances where we are legally entitled to retain it;

  • To get a free copy of their personal data;

  • To object to the processing of their data and have it restricted. There may be circumstances where they need ask us to restrict the processing of their information, but we are legally entitled to refuse that request;

  • The right to make a complaint to the Information Commissioner (www.ico.org.uk) 

 

How can customers change their marketing preferences? - They can also opt out of marketing communications by following unsubscribe links at the bottom of any marketing emails or text messages received from us.

We will never give your personal data to a third party for marketing unless you have expressly given us your permission.

 

How do we ensure that customer data is secure? - Earnest is committed to keeping data secure. We have procedures to help protect personal data from unauthorized access, use or disclosure.

 

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Our contact details

 

If a customer would like to raise any queries with us in relation to the information we may hold, they can contact us by writing to:

Earnest Property Investments Ltd.

Managing Director(s)

C/O Longmires

200a

Stockport Road

Timperley

Cheshire

WA15 7UQ

 

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Resolving Privacy Issues


We will always try our best to resolve any data privacy issue. Customers and persons whom we hold data on have the right to refer any data privacy issue to the Information Commissioner's Office at any time.

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TERMS & CONDITIONS

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This legal notice applies to the entire contents of this website and to any correspondence between us and you. Please read these terms carefully before using this Website. If you do not accept these terms, do not use this Website.

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This notice is issued by EARNEST PROPERTY INVESTMENTS LTD and EARNEST HOLDINGS LTD (the "Company", "we", "us" or "our").

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​Introduction:

1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you are applying.

1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.

1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website, or where separate agreement is in place (for example, an assured shorthold tenancy agreement).

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​License:

2.1 You are permitted to print and download extracts from this Website for your own personal use on the following basis:

2.1.1 no documents or related graphics on this Website are modified in any way;

2.1.2 no graphics on this Website are used separately from accompanying text; and

2.1.3 the Company’s copyright and trade mark notices and this permission notice appear in all copies.

2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with clause 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3 Subject to clause 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.

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Service Access:

3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

 

 

Conduct

4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from this Website any material:

4.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial      hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

4.2.2 for which you have not obtained all necessary licences and/or approvals;

4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

4.2.4 which is technically harmful.

4.3 You may not misuse the Website.

4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clauses 4.2, 4.3 or 5.1.

4.5 You agree that you will not:

4.5.1 take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;

4.5.2 copy, reproduce, modify, distribute or publicly display any content (except for your information) from our Website without the prior written consent of the Company or appropriate third party, as applicable;

4.5.3 interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or

4.5.4 bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

 

Disclaimer

5.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products, services and/or prices described in it, at any time without notice. Prices and services also change depending on the circumstances of applicants. The material on this Website may be out of date, and the Company makes no commitment to update such material.

Unless expressed in the tenancy agreement or other separate agreement in writing, where the price is expressed as 'per week', the calculation for the rent payment is as follows: 'amount per week' divided by 7 days, and then multiplied by the amount of days the tenancy is for.

For example, £140 per week over a 330 day tenancy is calculated as; £140 divided by 7 days = £20 per day, therefore £20 is multiplied by 330 days = £6,600 total rent. This amount is then split depending on how the tenant wishes to pay. The payment options are; monthly, termly, or other pre-agreed instalments.

5.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

5.3 Commentary and other materials on this Website are not intended to amount to advice on which reliance is placed.​

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Liability

6.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

6.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:

6.2.1 death or personal injury caused by the Companies;

6.2.2 fraudulent misrepresentation; or

6.2.3 any liability which cannot be excluded or limited under applicable law (including without limitation consumer law).

6.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

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GOVERNING LAW AND JURISDICTION

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.

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Updated 20.08.2023

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