Whilst the United Kingdom has now left the European Union, this policy complies with Regulation (EU) 2016/679, the EU General Data Protection Regulation (GDPR). GDPR has the status of “Retained EU Legislation” and under the Data Protection Act 2018 is applied as the United Kingdom General Data Regulation (UK GDPR).
Carterwood Limited is the controller and primarily responsible for the operation of our website. Carterwood Limited is the controller of all data concerned with providing our advisory services. If you communicate or transact with Carterwood Analytics Limited through our website or by using any services on the Carterwood Analytics online information platform service, Carterwood Analytics shall be the controller of your data for that purpose.
We take your privacy very seriously. This document explains how we hold, process, retain and use your personal data, and applies to all our dealings with you, whether making an enquiry via our website or by email or telephone, through to providing you with any professional services of an advisory nature or one of our online services such as our information platform or virtual data room.
You can contact the Carterwood Group by post, using the following postal address: Aztec Centre, Aztec West, Bristol, BS32 4TD; by telephone, on 01454 838038 or the contact number published on our website from time to time; or by email, for either of the Carterwood Group companies by using: email@example.com, but if your enquiry relates specifically to Carterwood Analytics Limited, you may also use firstname.lastname@example.org or the email address published on our website from time to time.
1. HOW WE USE YOUR PERSONAL DATA
1.1 This section provides you with information about:
1.1.1 what personal data we hold and process;
1.1.2 in respect of personal data that we did not collect from you directly, where we obtained that data from, and what types of data we have collected;
1.1.3 the purposes for which we may process your personal data; and
1.1.4 the legal grounds on which we process your data.
1.2 Enquiry Data. We may process contact details that you provide to us (Enquiry Data). This enquiry data may include your name, telephone number, email address, nature of your enquiry and your marketing preferences to receive information from us, and may be provided through our website when you contact us through our Enquiry Form. If you contact us by telephone or email, we may collect other personal data such as your correspondence address, your business title or role and the nature of your enquiry. We may use this contact data to respond to your enquiry. The legal basis for this processing is our legitimate interest in processing your query.
Your enquiry data may be processed for the purposes of performing our contract with you, or in taking steps at your request prior to entering into a contract.
We may also use this enquiry data to contact you to discuss your use of our website, and how our website performed and functioned for you. This may include requesting you to complete surveys about our website and service. The legal basis for this processing is our legitimate interest in ensuring the efficient administration and continued function of our website by its users. Depending on your chosen marketing preferences, we also may use Enquiry Data to contact you in relation to other services offered by Carterwood Group companies.
1.3 Identity Data. If you engage us to provide services, we will collect and process personal data to enable us to check and verify your identity. This identity data may include your name, address, telephone number, date of birth, passport details and other information or documents we may be required for legal or regulatory purposes to collect (Identity Data). The legal basis for this processing is the performance of our contract with you and to comply with our legal and regulatory obligations.
1.4 Transaction Data. We may collect and process personal data relating to the matter in which you may enquire or discuss engaging us or actually engage us to act on your behalf. In addition to your identity data, we may collect and process information including your bank or building society account details, the source of your funds (e.g. if we are required to do so by law), your salary and other financial information relating to you or your business (e.g. where this may be necessary due to the type of services we are providing) (Transaction Data). We may also keep written records and notes of our telephone calls, correspondence (written and electronic) and meetings with you.
The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and to comply with our legal and regulatory obligations.
1.5 Website Data. We may process data about your use of our website and services provided on it, such as any portal /platform or software as a service “cloud” service and obtained by working with our Specialist Technical Partners (Website Data). The website data may include your IP address, geographical location, browser type and version, time zone setting, browser plug-in types, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The Website Data is stored and processed in our analytics tracking system. This website data may be processed for the purposes of analysing the use of the website and services.
The Carterwood Group works with several Specialist Technical Partners (see paragraph 2.3 below) and the details of these partners may be found here.
Website Data may be processed for the purposes of analysing and improving the experience of using our website and services and to prevent wrongful use of our paid services in breach of licence.
The legal basis for this processing is our legitimate interest in monitoring and improving our website and online services.
1.6 Log-in Data for use of our Data Room Services. If you have registered to use the Carterwood Limited Data Room service, we will collect and process your personal data in order for us to issue you with log-in details and enable you to access the services and information contained in our Data Room. The legal basis for this processing is the performance of a contract between you and us or, where you access our services as part of a business, our legitimate interest in ensuring the efficient administration and secure use of our Data Room Service by users.
1.7 Communication Data. We may process data about your communications with us, whether sent or received by telephone or in written form, including by post, email or when you input any text into the contact or feedback features of our website or any of the services provided on it, including via the NPS survey (Communication Data). The Communication Data may include a copy of the text of any communication between us or notes of such communication where that communication is by phone. Communication Data may be linked to your Identity Data.
The legal basis of this processing is our legitimate interest in monitoring and improving the delivery of any services to you and as a record in the event of any dispute between us or to comply with good business practices.
1.8 Other Processing Activities. In addition to the specific purposes for which we may process your personal data set out above, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
1.9 Consent. Generally, we do not rely on consent as a legal basis for processing your personal data except as set out in the “Promotional Communications Including Newsletters” section below. You have the right to contact us to withdraw consent to marketing at any time.
1.10 Special Categories of Personal Data. We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor, unless we are required by law for a specific purpose to do so, do we collect any information about criminal convictions and offences.
2. PROVIDING YOUR PERSONAL DATA TO OTHERS
2.1 Within the Carterwood Group. We may share your personal data between the two Carterwood Group companies for the purposes of sharing contacts and reasonable commercial information (but not specific Carterwood Analytics search data that is identifiable to a subscriber, and that is confidential) between our two companies, whose businesses are closely related and integrated. The legal basis of this data sharing will be that it is either necessary for the performance of a contract with you or that it is in our legitimate business interest and for the ongoing improvement of our services. When either of the Carterwood Group companies shares personal data with the other, each of the companies shall be joint controllers of that personal data.
2.2 Professional Advisers and Consultants. We may disclose your data to third party professional advisers engaged in the transaction where necessary for the purposes of providing our services to you, e.g. solicitors, accountants, architects, tax advisers or other property consultants or experts. Our professional advisers and consultants are bound by confidentiality obligations and only process any personal data as instructed by us.
2.3 Our Specialist Technical Partners. We may disclose your data to specialist third-party IT and technical system partners that we work with to provide services through our website and the Carterwood Analytics online information platform for the purposes of our contract with them and to best ensure we are able to perform our contract with you. Some of our specialist technical partners are located outside the UK and any transfer of your personal data will be subject to the provisions of Section 4, below. Our contracts with Specialist Technical Partners contain confidentiality obligations and only permit the Specialist Technical Partner to process any personal data as instructed by us and in accordance with UK data protection law.
More detail about our Specialist Technical Partners may be found at [INSERT LINK HERE]. We may amend the details of our Specialist Technical Partners from time to time, so we recommend that you visit this section regularly.
2.4 Other Third Parties. We may disclose your data to other third parties where it is necessary for us to do so in order to provide services to you or to comply with a legal or regulatory obligation. This may include your lender or mortgage provider, credit reference agencies, HM Land Registry, HM Revenue and Customs or Companies House.
2.5 Our Insurers and Brokers. We may disclose your personal data to our insurers and insurance brokers insofar as reasonably necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.
2.6 Provision of your Personal Data to any Third Party. Where we share your personal data with any third party, we will ensure this processing is protected by appropriate safeguards, including a suitable data processing agreement with that third party.
2.7 To Comply with Legal Obligations. In addition to the specific disclosures of personal data detailed above, we may also disclose your personal data where such disclosure is necessary for compliance with a legal or regulatory obligation we have to comply with, or in order to protect your vital interests or the vital interests of another individual.
2.8 Other. We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
3. PROMOTIONAL COMMUNICATIONS INCLUDING NEWSLETTERS
3.1 We may use your personal data, including Enquiry Data and Communication Data to send you marketing communications (by email, text message, telephone or post), including updates about developments in our sector that might be of interest to you, newsletters and/or information regarding our services. If you are a customer of ours and you have not “opted out” from receiving such marketing communications, we have a legitimate interest in processing your personal data for promotional purposes. This means we do not usually need your consent to send you promotional communications, including newsletters. If you are not a customer of ours (for example if you have only made an enquiry) and your consent to receive marketing communications is needed, we will ask for this consent separately and clearly.
We will always treat your personal data with the utmost respect and never sell or share it with other organisations for marketing purposes, except where we have obtained your consent in advance. You have the right to opt out of receiving promotional communications at any time by using the ‘unsubscribe’ link in any emails we may send you, or contacting us by email at either:
4. TRANSFERS OF YOUR PERSONAL DATA OUTSIDE OF THE UK
4.1 Your personal data may be transferred and stored outside of the UK. It may also be processed by our staff, or those of our suppliers, operating outside of the UK.
4.2 Where your personal data is transferred outside of the UK, we will ensure that either (a) There is a s.17A Data Protection Act 2018 “adequacy decision” with respect to the data protection laws of the country to which it is transferred, (b) there are appropriate safeguards in place providing enforceable rights and effective legal remedies are available for individuals, compliant with article 46 UK GDPR; or (c) where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield, which requires them to provide similar protection to personal data shared between the UK/Europe and the US; or (c) we have entered into a suitable data processing agreement with the third party situated in that country to ensure the adequate protection of your data. In all cases, transfers outside of the UK will be protected by appropriate safeguards.
5. RETAINING AND DELETING PERSONAL DATA
5.1 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.2 Unless we contact you and obtain your consent for us to retain your personal data for a longer period, we will retain and delete your personal data as follows:
5.2.1 Enquiry Data will be retained for 5 years following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems, except as may be required for any applicable legal or regulatory compliance purposes.
5.2.2 Website Data will be retained for 5 years following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.
5.2.3 Log-in data for use of our Data Room Services will be retained for a period of 1 year following the date you last accessed our Data Room Services.
5.2.4 Identity Data and Transaction Data will be retained after we have finished providing our services to you. This is in order for us to respond to any questions, complaints or claims made by you or on your behalf and/or to keep records required by law. In most cases this data will be retained for no more than 7 years following the end of the project in relation to which you have engaged us to act.
5.3 We may retain your personal data for a longer period where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 We may update this policy from time to time by publishing a new version on our website or sending a copy to you.
6.2 We may notify you of changes to this policy by email or by placing a notice to that effect our website or log-in page of any service of ours you may use.
6.3 Historic archive versions of this policy may be obtained by contacting us.
7. YOUR RIGHTS
7.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
7.1.1 your request not being unfounded or excessive, in which case a charge may apply; and
7.2.2 the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
7.2 We may withhold personal information that you request to the extent permitted by law.
7.3 You may instruct us at any time not to process your personal information for marketing purposes.
7.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
7.5 The rights you have under data protection law are:
7.5.1 the right to access;
7.5.2 the right to rectification;
7.5.3 the right to erasure;
7.5.4 the right to restrict processing;
7.5.5 the right to object to processing;
7.5.6 the right to data portability;
7.5.7 the right to complain to a supervisory authority; and
7.5.8 the right to withdraw consent.
7.6 Your right to access your data. You have the right to ask us to confirm whether or not we process your personal data and, to have the right to access to the personal data, and any additional information. That additional information includes the purposes for which we process your data, the categories of personal data we hold and the recipients of that personal data. You may request a copy of your personal data. The first copy will be provided free of charge, but we may charge a reasonable fee for additional copies.
7.7 Your right to rectification. If we hold any inaccurate personal data about you, you have the right to have these inaccuracies rectified. Where necessary for the purposes of the processing, you also have the right to have any incomplete personal data about you completed.
7.8 Your right to erasure. In certain circumstances you have the right to have personal data that we hold about you erased. This will be done without undue delay. These circumstances include the following: it is no longer necessary for us to hold personal data in relation to the purposes for which they were originally collected or otherwise processed; you withdraw your consent to any processing that requires consent; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are certain general exclusions of the right to erasure, including where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal or regulatory obligation; or for establishing, exercising or defending legal claims.
7.9 Your right to restrict processing. In certain circumstances you have the right for the processing of your personal data to be restricted. This is the case where: you do not think that the personal data we hold about you is accurate; your data is being processed unlawfully, but you do not want your data to be erased; it is no longer necessary for us to hold your personal data for the purposes of our processing, but you still require that personal data in relation to a legal claim; or you have objected to processing, and are waiting for that objection to be verified. Where processing has been restricted for one of these reasons, we may continue to store your personal data. However, we will only process it for other reasons: with your consent; in relation to a legal claim; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.10 Your right to object to Processing. You may object to us processing your personal data on grounds relating to your particular situation, unless our legal basis for the processing is that it is necessary for: the performance of a task carried out in the public interest, or in the exercise of any official authority vested in us; or the purposes of our legitimate interests or those of a third party. If you make an objection, we will stop processing your personal information unless we are able to: demonstrate compelling legitimate grounds for the processing, and that these legitimate grounds override your interests, rights and freedoms; or the processing is in relation to a legal claim.
7.10.1 Your right to object to direct marketing. You may object to us processing your personal data for direct marketing purposes. If you make an objection, we will stop processing your personal data for this purpose.
7.10.2 Your right to object for statistical purposes. You may object to us processing your personal data for statistical purposes on grounds relating to your particular situation, unless the processing is necessary for performing a task carried out for reasons of public interest.
7.11 Automated data processing. To the extent that the legal basis we are relying on for processing your personal data is consent, and where the processing is automated, you are entitled to receive your personal data from us in a structured, commonly used and machine-readable format. However, you may not have this right if it would adversely affect the rights and freedoms of others.
7.12 Your right of data portability. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.
7.13 Complaining to the Information Commissioner’s Office (ICO). If you think that our processing of your personal data infringes data protection laws, you have the right to lodge a complaint at any time to the ICO, the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
7.14 Right to withdraw consent. To the extent that the legal basis we are relying on for processing your personal data is consent, you are entitled to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.15 Exercising your Rights. You may exercise any of your rights in relation to your personal data by written notice to us in addition to methods specified above.
9. DATA PRIVACY MANAGER
9.1 The Data Privacy Manager for both Carterwood Group companies is Lucy Thomas, who can be contacted via email: email@example.com or telephone: 01454 838038.
Last updated 5 August 2021