Lovell & Partners Limited also trading as Lovells Property (Lovells) aim to protect the privacy of any person who elects to correspond with us, view our website, and/or engage our services ("you") as far as possible. Lovells is known as a "Data Controller" in respect of any personal information we hold about you as a result of your engagement with us.
The following information from Lovells together with the Terms and Conditions of Business and any other documents referred to in it is intended to give you an overview of how any personal data which we collect from you, or that you or others provide to us, is processed by Lovells and your rights under data protection law.
In addition, by accessing, browsing or otherwise using lovellsproperty.com (the website) you confirm that you have read, understood and agree to the terms of this Privacy Notice.
If you have any questions about this privacy notice or our privacy related practices, you can contact us:
Who we are
Lovells is constituted under Guernsey law and is a body corporate with registered number 17631. Lovells falls within the definition of a prescribed business in The Criminal Justice (Proceeds of Crime) (Legal Professionals, Accountants and Estate Agents) (Bailiwick of Guernsey) Regulations 2008, and as such is regulated by the Guernsey Financial Services Commission for the purposes of the prevention of money laundering and terrorist financing. Lovells is regulated by the Royal Institute of Chartered Surveyors, and is a member of the National Association of Estate Agents.
Application of the Privacy Notice
This Privacy Notice describes how we collect, use and otherwise handle "Personal Information" we receive from you when you engage with us in any way, including use of our website, and explains the circumstances in which we may transfer this information to others. "Personal Information" is information about you which can be used alone or combined with other information to identify you personally.
The information we obtain
Lovells processes data that it receives from its business relationship with you, whether as a landlord, a tenant, a purchaser of property, a vendor of property or a prospective purchaser or vendor.This includes, among other data, personal data, i.e. data that directly identifies you as a client (e.g. name, address, telephone number, etc.), or data which leads to this identification when used in connection with other information (e.g. customer number).
As a regulated Guernsey business, we also collect financial information as is required, including information about your transactions and information required for us to carry out credit, money laundering and other checks and to comply with our legal obligations. In limited cases, we also collect what is known as "special categories" of information. Our money laundering, sanctions, financial crime and fraud prevention checks sometimes result in us obtaining information about actual or alleged criminal convictions and offences, as well as in respect of Politically Exposed Persons.
In addition, Lovells may also obtain and process data on you from sources available in the public domain (e.g. Internet, social media).
The following personal data may be processed:
Your name, previous names, title and contact details;
Your professional title and occupation;
Your age and marital status;
Information which we need to conduct 'Know Your Client' checks such as details relating to your passport and credit history;
Local license status;
Other information you provide to us in the course of your dealings with us or which we require to provide you with Lovell’s services.
The information we collect about you comes from:
Events that you register to attend with us;
Publications and notifications that you sign up to receive from us;
Application forms or other materials you submit to us during the course of your relationship with us;
Contact forms on the website and enquiries over email;
Your registration on lovellsproperty.com;
Your interactions with us, transactions and use of our products and services;
Your business dealings with us, including via email, telephone or as stated in our contracts with you;
Depending on the products or services you require, third parties (including for credit and money laundering checks, among other things);
Recording and monitoring tools that we use for compliance or security purposes (e.g. recording of telephone calls, monitoring emails, etc.);
For what purpose and on what legal basis does Lovells use your data?
Lovells will only collect, use and otherwise handle your Personal Information when it is necessary for our legitimate interests in connection with the operation of our business, and to improve the quality of the service that we provide to you.
When processing your information, we do so in our legitimate interests (as set out in the bullet points below), because of legal obligations that we are subject to, or because the information is required either in order to provide our products or services to you or to receive products and services from you in accordance with a contract.
Where we process "special categories" of personal information about you, we do so either because you have given us your explicit consent, we are required by law to do so, or the processing is necessary for the establishment, exercise or defense of a legal claim.
We may use your personal information for the following purposes when performing our duties under contract:
- Property Leases to include both landlord and tenant;
- Property Management contracts;
- Sales Contracts (otherwise known as Instruction Letters);
- Condition of Sale (as required by the Guernsey Bar);
- Confidentiality Agreements;
- As required by GFSC policy;
- As required by data protection policy;
- To supply marketing material and/or relevant publications
We may also use your information for the purposes of the following legitimate interests:
- In connection with Lovells' internal management and reporting;
- To facilitate our internal business operations, including acting in accordance with our policies and fulfilling our legal and regulatory requirements.
How we share your information
Lovells may share certain information with certain third parties for the purposes set out in this Notice.
Lovells may disclose personal information to third parties such as subcontractors, agents, purchasers, vendors, landlords, tenants, and any person who provides professional, financial, legal or accounting advice or other services to Lovells, who will use such information in the course of either fulfilling contractual obligations or in the provision of advice or other services to you and in pursuit of the purposes that we specify below:
- In order to carry out anti-money laundering checks and related actions which Lovells considers appropriate to meet any legal obligations imposed on it, or the processing in the public interest, or to pursue the legitimate interests of Lovells in relation to, the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of services to persons who may be subject to economic or trade sanctions, on an on-going basis, in accordance with Lovells’ anti-money laundering procedures;
- Where applicable, report tax related information to tax authorities in order to comply with a legal obligation;
- To monitor and record calls and electronic communications for (i) processing verification of instructions; (ii) investigation and fraud prevention purposes; (iii) for crime detection, prevention, investigation and prosecution; (iv) to enforce or defend Lovells’ rights, itself or through third parties to whom it delegates such responsibilities or rights in order to comply with any legal obligation imposed on Lovells; (v) to pursue the legitimate interests of Lovells in relation to such matters; or (vi) where the processing is in the public interest;
- To enable third parties to carry out their duties, such as service providers, auditors, regulatory authorities and technology providers in order to comply with any legal obligation imposed on Lovells, to fulfill our contract with you or in order to pursue the legitimate interests of Lovells;
- To update and maintain records;
- To retain records of AML checks and other similar records of individuals to assist with subsequent screening of them by Lovells and regulatory bodies to include the GFSC.
In addition, we may share information with a potential buyer, transferee, or merger partner or seller and their advisers in connection with any actual or potential transfer or merger of part or all of Lovells’ business or assets, or any associated rights or interests, or to acquire a business or enter into a merger with it.
Lovells maintains continuous logs of its web server activity. These log files include the details of website users’ IP address, browser type and page last visited etc. The log files are used to analyse how the website is being used by visitors and may be kept in an anonymised form for historical records.
Lovells website uses hosted web analytics software. This hosted service is provided and managed by a third party company (Google, Inc). The service ‘Google Analytics’ uses ‘cookies’ (a text file sent to users’ computers as they browse our website) to help analyse how users navigate our website. The information generated by the cookie regarding our website (including IP addresses) will be anonymised and transmitted to and stored by Google, Inc. on servers that may be hosted in the United States. Google, Inc. will use this information for the purpose of evaluating use of our website, compiling reports on website activity for website operators and providing other related services to Lovells.
Where we share your information, we require those receiving it to put in place appropriate security and confidentiality measures to protect it, and we require that they only use your personal information on our behalf and in line with our instructions, consistent with the terms of this Privacy Notice.
How long will Lovells keep your data?
It is our policy to retain your Personal Information for the length of time required for the specific purpose or purposes for which it was collect as set out in this Notice. However, on occasion we may be required to store some data for a longer period for example when required by law. In those circumstances, we will ensure that your Personal Information will continue to be treated in accordance with this Notice. We will have regard to the following when determining how long we will retain your personal information:
- As long as is necessary for the relevant activity or as long as is set out in any relevant contract you enter into with us;
- The length of time it is reasonable to keep records to demonstrate compliance with professional or legal obligations;
- Any retention period that is required by law; or
- The end of the period in which litigation or investigations might arise in respect of the services that we provide to you (generally 7years).
What are your rights under data protection law?
You have the following rights under the Data Protection (Bailiwick of Guernsey) Law, 2017:
- Right of subject access: the right to make a request for details of information about you held by Lovells and a copy of that information;
- Right to rectification: the right to have inaccurate information about your rectified;
- Right to erasure ('right to be forgotten'): the right to have certain information about you erased;
- Right to restriction of processing: the right to request that your information is only used for restricted purposes;
- Right to object: the right to object to the use of your information, including the right to object to marketing;
- Right to data portability: the right, in certain circumstances, to ask for information you have made available to us to be transferred to you or a third party in machine readable, standard formats;
- Right to withdraw consent: the right to withdraw any consent you have previously given us to handle your personal information. If you withdraw your consent, this will not affect the lawfulness of Lovells’ use of your information prior to the withdrawal of your consent, although it may affect the ability of Lovells to provide its services to you.
These rights are not absolute: they do not always apply and exemptions may be engaged. We may, in response to a request, ask you to verify your identity and to provide information that helps us to understand your request better.If we do not comply with your request, we will explain why.
You also have a right to complain to the Data Protection Commissioner in your jurisdiction if you believe that Lovells has breached the above rights or any other provision of The Data Protection (Bailiwick ofGuernsey) Law, 2017 or equivalent legislation. The Commissioner can be contacted on +44 (0)1481 742074 and its website, which includes details of how to make a complaint, is www.dataci.org
Is decision-making automated?
As a basic principle, Lovells does not use fully automated decision-making for commencing and conducting the business relationship. If Lovells does apply this procedure as an exception in individual cases, it will inform you separately if this is a statutory requirement.
Will your data be automatically processed?
In specific areas, Lovells may process your data on a semi-automatic basis, the aim being to evaluate certain personal criteria (profiling), for example, in the following cases:
In order to combat criminal acts such as fraud, Lovells conducts data assessments (e.g.in payment transactions). The aim of these measures is to protect you.
Lovells uses assessment tools to provide you with interesting and appropriate information on its products. This enables it to carry out demand-based communication and advertising, including market and opinion research.
Lovells takes the protection of your personal information seriously, and has appropriate security measures and policies in place to address this. All Lovells staff are made aware of their information security responsibilities.
We may change and/or update this policy from time to time and when we do so, we will publish the revised policy on our website. Where it is necessary for us to do so, we will take additional steps to inform you of any changes that will substantively affect the way we collect and/or process your personal information.
Guernsey, May 2018