When You Move Limited (Company Number 10762665), of The Junction, Station Road, Watford, WD17 1ET – DX 4513 Watford – www.whenyoumove.com
Tel: 020 3910 9007 – Email: firstname.lastname@example.org
Purpose and Lawful Bases for Processing Your Personal Data
We will process your personal data in order to provide you with updates and alerts relating to your property conveyancing as well as for providing other transaction stakeholders, including but not limited to Estate Agents and Mortgage Brokers, with updates and alerts relating to the transaction.
The Lawful Basis upon which we rely for processing your personal data is: Consent – This is expressly requested from you at the point of issuing a conveyancing quotation to you. The quotation is issued upon receipt of your consent to us processing your personal data and to us sharing your personal data with the necessary parties for the purposes of providing your conveyancing quotation and providing conveyancing updates to key transaction stakeholders.
From time to time we may be required by law to share your personal data with certain public authorities, regulatory bodies or law enforcement agencies, including but not limited to The Information Commissioner’s Office, The National Crime Agency, The Solicitors’ Regulation Authority, The Council for Licensed Conveyancers, The Chartered Institute of Legal Executives, Her Majesty’s Revenue and Customs. Where the law requires us to disclose your personal data to one or more of these organisations or to any other person or organisation, our lawful basis for doing so shall be Legal Obligation.
Legal Obligation and Contractual Obligation – The Difference
All references within this Privacy Notice to ‘Legal Obligation’ or ‘Legal Obligations’ refer to statutory or regulatory obligations and not to contractual obligations.
Personal Data Passed to Third Parties
By consenting to us processing your personal data and by engaging our services, you also consent to us sharing your personal data with other key stakeholders involved in your conveyancing transaction, including but not limited to: the lawyer (solicitor, conveyancer or other) instructed to act in your conveyancing transaction, several lawyers (solicitors, conveyancers or other) approved by us to provide you with a quotation for conveyancing services, the estate agent acting in your conveyancing transaction, any mortgage broker acting in the arrangement and / or management of your mortgage finance.
In certain instances the law may require us to pass your personal data to the following organisations: The Information Commissioner’s Office, The National Crime Agency, The Solicitors’ Regulation Authority, The Council for Licensed Conveyancers, The Chartered Institute of Legal Executives, Her Majesty’s Revenue and Customs.
The third parties with whom we share your personal data are subject to relevant United Kingdom data protection legislation. The third parties are responsible for their own data protection obligations and When You Move Limited cannot be held liable for the acts or omissions of any third party.
International Data Transfers
We will not transfer your personal data outside the jurisdictions of England and Wales, Scotland or Northern Ireland and nor will we transfer your personal data to any organisation constituted outside of the United Kingdom, except where you have provided us with informed, express and unambiguous consent to do so and only where such consent is provided in writing.
Retention of Data
We will retain your personal data for a period of 6 years from the completion of your conveyancing transaction.
Your Data Protection Rights
Access – You have a legal right to be provided upon request with confirmation of any personal data relating to you which we are processing and to be supplied with copies of any personal data that we are holding in relation to you. You can make this request by email to email@example.com by stating that you wish to make a Data Subject Access Request. We must comply with the request within 30 days and we must not charge you for complying with the request unless your request is manifestly unfounded, excessive or repetitive.
Withdrawal of Consent – You have a right to withdraw your consent to us processing and sharing your personal data at any time. You can withdraw your consent by emailing firstname.lastname@example.org . Once you have formally instructed your lawyer, it is likely that they will be under a legal obligation to retain your personal data for a fixed number of years irrespective of consent. Should you have any queries regarding your lawyer’s data retention obligations and policies you should raise these with them directly.
Rectification – You have a right for inaccurate personal data which we hold in relation to you to be rectified upon your request. You can make a request for rectification by emailing email@example.com to identify the information which is inaccurate and specify what it should be corrected to. We are required to respond to you within 30 days and we must not charge for rectifying inaccurate data.
Erasure – In certain circumstances, you may have the right for your data to be erased. Where we are processing or retaining your personal data to comply with a statutory or regulatory legal obligation, the Right to Erasure does not apply. Where we are not under a statutory or regulatory legal obligation to process or retain your data, you have a right for it to be erased upon your request where: It is no longer necessary in relation to the purpose for which it was originally collected and / or processed; you object to the processing and / or retention of your personal data and there is no overriding Legitimate Interest upon which we may rely in order to continue processing your data (further information below under the ‘Objection’ sub-heading); the personal data has been unlawfully processed or retained; the personal data must be erased in order to comply with a legal obligation; the personal data is processed or retained in relation to the offer of information society services to a child. You can make a request for erasure by emailing firstname.lastname@example.org and specifying the reasons why the Right to Erasure applies in the particular circumstances. We are required to respond to you within 30 days and we must not charge you for erasure.
Objection – Where we have relied upon a Legitimate Interest as the Lawful Basis for processing your personal data, you have the legal right to object to the processing and / or retention of it. When objecting to processing or retention of data based upon a Legitimate Interest, you must state the grounds for your objection. We will then immediately stop processing the data unless we can demonstrate compelling legitimate grounds for continuation of the processing which override the interests, rights and freedoms of the individual; or the data is being processed for the establishment, exercise or defence of any legal claim. The right to object can be exercised by emailing email@example.com
Restriction of Processing – Where the Right to Restriction has been exercised, we may continue to retain your personal data, but we may not continue to process it. The Right to Restriction applies where the Right to Rectification (see above) has been exercised and up until the point that the inaccurate data has been corrected. Where the Right to Object (see above) has been exercised, the Right to Restriction will apply whilst we consider whether our Legitimate Interests in the continuation of processing override the rights of the individual. The Right to Restriction applies if personal data has been unlawfully processed but the individual elects to restrict processing as opposed to outright erasure of the data. The Right to Restriction also applies in circumstances where we no longer require the personal data, but where you require it to establish, exercise or defend any legal claim.
Portability – You have the right to request that we provide your personal data to another organisation in a machine readable format where we have processed that data either with your consent or in the course of performing a contractual obligation owed to you. You can request that data is transferred to another organisation by emailing firstname.lastname@example.org. We will have the right to decline the request if the data concerns more than one individual and complying with it would be prejudicial to the interests of one or more individuals to whom the data relates.
Complaints and Concerns
Should you have any complaint or concern regarding our handling of your personal data, you have the right to complain internally by emailing email@example.com, or externally to the Information Commissioner’s Office.
The Information Commissioner’s Office has published guidance on how to make a complaint at https://ico.org.uk/concerns
More information on data protection is available at the Information Commissioner’s Office website at https://ico.org.uk/
The Information Commissioner’s Office also has a helpline for members of the public which can be reached by dialling 0303 123 1113.