Data Controller:

Riverside House, River Lawn Road, Tonbridge, Kent, England, TN9 1EP

Phone: 01732 783 500

Email: info@penhurst.co.uk

Why we hold and process information

 This notice sets out how we hold and process information that we hold about you. We process personal information about our occupiers and possible new occupiers, so that we can provide commercial space. This includes:

• dealing with occupancy
• dealing with applications
• checking suitability for applications (including credit, immigration and similar checks)
• managing property
• collecting fees
• maintaining our accounts and records
• dealing with deposits

Relevant information may include personal, employment and financial details.

We have to carry out immigration checks on new occupants. We have to keep copies of the documents we inspect as part of these checks. We may keep these copies on computer.

Depending on the circumstances, we may share information with:

• suppliers (including gas, electricity and water companies) and service providers
• financial organisations (including banks)
• credit agencies
• debt-collection and tracing agencies
• public and government bodies (including those who deal with benefits and business rates)
• contractors and repairers
• managing agents
• any future owner of the property

Legal basis

We must have a legal basis for the data we collect and process. The types of basis are:

• You consent.  Consent may be requested in certain cases, e.g. to obtain a reference but generally we do not rely on your consent to process your personal data.
• To perform our contract so that we can carry out our responsibilities under the occupancy agreement with you, including anything you request us to do with a view to you becoming an occupant
• Compliance by us with a statutory or other legal obligation.
• Where this is in your vital interests, e.g. if there is a life-threatening situation.
• Where we are pursuing our own legitimate interests or those of a third party.  This will not apply if our interests are overridden by your interests or your fundamental rights and freedoms.  We must carry out a balancing exercise therefore to decide whether we can rely on this gateway to ensure that it applies.  In each case we have done this and we do not consider your interests, rights or freedoms outweigh our own or those of the third party concerned.

For example, to make sure that business rates are correctly collected, we may share information with the relevant local authority. The legal basis for this is the all parties have a legitimate interest in the data.

Why we use your personal information

We may use the personal information you give us in a number of ways, for example to decide whether to let the commercial space to you; to prevent fraud, for accounting and auditing purposes, for managing property or for debt collection.

Right to gather information

You have the right to ask for a copy of the information that we hold about you. We may make a small charge for this service. We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information if this is not accurate. To ask for this information, please write to or email us.

Length of storage of data

Data can only be stored on a time limited basis and not indefinitely. We will hold personal data about you for the duration of your occupancy and for seven years after your occupancy has ended. This is the statutory limitation period six years plus a further year to allow for service of proceedings should proceedings commence later. We are also required to retain information for up to six years for tax purposes. If your application does not go ahead then we retain data for one year.

Storage and security of data

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

All our information is stored securely electronically on servers or devices. Certain information is also retained on a secure basis in hard copy format.

Telephone calls

To protect our legitimate interests, telephone conversations may be recorded electronically for monitoring and to ensure that we have a record of what is said. You or others may leave messages when calling.

CCTV

CCTV is for security purposes only, we consider that it is in our legitimate interests to carry out such monitoring which must be done in accordance with legal requirements. We may also use CCTV to detect breaches of the occupancy terms. Recordings will be kept for these purposes.

Your rights

Where we hold personal data about you, you are the data subject.  Data protection legislation gives you a number of rights.  To exercise any of these rights you should contact us.  You can do so by email at the address given above or you can telephone us on the number given above.  You can also write to us at our address given at the top of this notice.   Normally no fee is payable.

In particular you have a right to object to the processing of your information where we are processing this in our own legitimate interests or those of someone else.  This applies if you feel that this impacts on your own interests or your fundamental rights or freedoms.

These rights are as follows:

• Access – you have the right to make a request to be told what personal data we hold about you. This is a right to obtain confirmation that data has been processed and to have access to your personal data and the right to information details which should be provided with the privacy notice.
• Correction/Rectification – if you consider any data we hold about you is inaccurate you can tell us so that where appropriate this can be corrected.  Where a mistake is made in data processing then you can ask to have it rectified.  Any third parties who have received the data from us should then be told of the rectification and you should be informed by us of any such third parties.
• Erasure – you have a right to ask us in certain circumstances to erase any data we hold about you (the so called right to be forgotten). Individuals can request the right to have personal data erased to prevent processing in specific circumstances, i.e. it is no longer necessary, consent has been withdrawn, there is an objection and where applicable your rights etc., override the legitimate interests to continue our processing, or data has been unlawfully processed.
• You can object to our processing of data – this allows you to object to our processing of data about you.  We must then stop processing data unless we can establish legitimate reason for continuing.  In particular this applies where we are relying on our own legitimate interests or those of a third party to process data but it can also apply in other situations.
• Restricting processing – you can ask us to suspend processing of your personal data and we must then restrict processing of data.  This includes where you are contesting the accuracy of a statement or the lawfulness of the processing.
• Data portability – this allows individuals to reuse their personal data for their own purposes across different services allowing them to move, copy or transfer personal data more easily.

Withdrawal of consent

Where your consent provides us with the legal gateway to process data about you you can withdraw this at any time by telling us by email or post using the telephone/addresses given above.

Complaints

We operate our own internal complaints policy and if you have any concerns about the way in which we collect or handle data please contact us.

Additionally, you have the right to lodge a complaint with the Supervisory Authority who is –

Information Commissioner

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

www.ico.org.uk