At Baker Ashley Limited we are committed to protecting and preserving the privacy of our visitors when visiting our site or communicating electronically with us.
1 What is the purpose of this document?
Baker Ashley is committed to protecting the privacy and security of your personal information.
This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR) and Data Protection Act 2018.
It applies to all clients.
1.1 Baker Ashley is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
1.2 This notice applies to current and former clients. This notice does not form part of any contract or Terms and Conditions of Business. We may update this notice at any time.
1.3 It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
2. Data protection principles
We will comply with data protection law. This says that the personal information we hold about you must be:
2.1. Used lawfully, fairly and in a transparent way.
2.2 Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
2.3. Relevant to the purposes we have told you about and limited only to those purposes.
2.4. Accurate and kept up to date.
2.5. Kept only as long as necessary for the purposes we have told you about.
2.6. Kept securely.
3. The kind of information we hold about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
There are “special categories” of more sensitive personal data which require a higher level of protection.
3.1 We will collect, store, and use the following categories of personal information about you:
- Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
- Date of birth.
- Marital status and dependants.
- Place of birth.
- National Insurance number.
- Bank account details.
- Salary, and income information.
- Details of any current mortgage in your name including the account number, balance outstanding on it and the redemption figure.
- Details of any mortgage application you make in connection with your purchase including the amount that you intend to borrow.
- Details of any bankruptcy
We may also collect, store and use the following “special categories” of more sensitive personal information:
- Information about your nationality, race or ethnicity, disabilities, and medical conditions.
4. How is your personal information collected?
4.1We collect personal information about clients directly from clients. We may sometimes collect additional information from third parties including your estate agent, mortgage broker, mortgage lender and Land Registry.
4.2We will collect additional personal information in the course of conveyancing-related activities throughout the period of your conveyancing transaction.
5. How we will use information about you
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
5.1. Where we have your consent.
5.2. Where we have to perform the contract we have entered into with you.
5.3. Where we need to comply with a legal obligation.
5.4. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
5.5. Where we need to protect your interests (or someone else’s interests).
5.6. Where it is needed in the public interest or for official purposes.
6. Situations in which we will use your personal information
6.1. We need all the categories of information in the list above primarily to allow us to perform your conveyancing transaction and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.
- Checking your identity.
- Administering your conveyancing transaction.
- Liaising with your estate agent in relation to your conveyancing transition.
- Liaising with your mortgage broker in relation to your conveyancing transition.
- Liaising with your mortgage lender in relation to your conveyancing transition.
- Registering your ownership and any mortgage or other interests in the property at the Land Registry in relation to your conveyancing transition.
- Dealing with the removal of a mortgage on the property at the Land Registry
- Completing the tax return for the payment of Stamp Duty Land Tax or Land Transaction Tax and the submission of the return to HMRC or WRA.
- Complying with our legal obligations including SRA, money laundering and other regulatory obligations.
- To prevent fraud.
- Dealing with legal disputes involving you.
- To conduct data analytics studies to review and better understand obtaining and retaining clients.
- Equal opportunities monitoring.
6.2. Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
7. If you fail to provide personal information
7.1 If you fail to provide certain information when requested, we may not be able to perform your conveyancing transaction, or we may be prevented from complying with our legal obligations (such as verifying your identity for money laundering requirements).
8. Change of purpose
8.1 We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
8.2 Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
9. How we use particularly sensitive personal information
“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
9.1. In limited circumstances, with your explicit written consent.
9.2. Where we need to carry out our legal obligations and in line with the SRA and other regulatory requirements.
9.3. Where it is needed in the public interest, such as for equal opportunities monitoring.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.
10 Our obligations
10.1 We will use your particularly sensitive personal information in the following ways:
- We will use information about your physical or mental health, or disability status, to enable us to make any reasonable adjustments to the way in which we provide our services to you, to ensure we comply with equal opportunities legislation, and to ensure meaningful equal opportunity monitoring and reporting.
- We will use information about your race or national or ethnic origin, to enable us to make any reasonable adjustments to the way in which we provide our services to you, to ensure we comply with equal opportunities legislation, and to ensure meaningful equal opportunity monitoring and reporting.
11. Do we need your consent?
11.1 We do need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
12. Automated decision-making
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
12.1. Where we have notified you of the decision and given you 21 days to request a reconsideration.
12.2. Where it is necessary to perform your conveyancing transaction and appropriate measures are in place to safeguard your rights.
12.3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
12.4 You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
12.5 We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
13. Data sharing
We may have to share your data with third parties, including third-party service providers.
We require third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer your personal information outside the EU.
If we do, you can expect a similar degree of protection in respect of your personal information.
13.1 Why might you share my personal information with third parties?
13.1.1We will share your personal information with third parties where required by law, where it is necessary to administer your conveyancing transaction or where we have another legitimate interest in doing so.
13.2 Which third-party service providers process my personal information?
13.2.1″Third parties” includes third-party service providers including contractors and designated agents. The following activities are carried out by third-party service providers: administration, SRA compliance services, IT services.
13.3 How secure is my information with third-party service providers and other entities in our group?
13.3.1All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
13.4 What about other third parties?
13.4.1We may share your personal information with other third parties, for example in order to process your conveyancing transaction. We may also need to share your personal information with a regulator or to otherwise comply with the law.
14. Data security
We have put in place measures to protect the security of your information. Details of these measures are available upon request.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
14.1 We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from the Managing Director.
14.2 We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
15. Data retention
15.1 How long will you use my information for?
15.1.1We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We will retain your personal information for a period of 10 years after completion of your conveyancing transaction. This includes retaining your identification documents (such as a copy of your passport, photo driving licence, council tax statement and utility bills) for 10 years after completion of your conveyancing transaction. In determining the appropriate retention period for personal data, we considered the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. After retaining your personal information for 10 years we will confidentially delete/destroy it.
15.1.2In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer a client of Baker Ashley we will retain and securely destroy your personal information in accordance with our data protection policy and applicable laws and regulations.
16. Rights of access, correction, erasure, and restriction
16.1 Your duty to inform us of changes
16.1.1It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your conveyancing transaction.
16.2 Your rights in connection with personal information
16.2.1Under certain circumstances, by law you have the right to:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party.
16.2.2If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the Managing Director in writing (by letter to 17 Gelliwastad Road, Pontypridd, CF37 2BW or by email to firstname.lastname@example.org).
16.3 No fee usually required
16.3.1You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
16.4 What we may need from you
16.4.1We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
17. Right to withdraw consent
17.1 Where you have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Managing Director in writing (by letter to 17 Gelliwastad Road, Pontypridd, CF37 2BW or by email to email@example.com). We will acknowledge receipt of your notification within 2 working days and at that time you will be deemed to have withdrawn your consent. Thereafter we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
18.1 We have appointed a data manager to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the data manager. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.
19. Changes to this privacy notice
19.1 We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.