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Privacy Policy

Last updated - 7th April 2018

This privacy policy applies between you, the User of this Website and GetAgent Ltd, the owner and provider of this Website. GetAgent takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

Definitions and interpretation

In this privacy policy, the following definitions are used:

Data

collectively all information that you submit to GetAgent via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Act 1998 and General Data Protection Regulation (EU) 2016;

Cookies

a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below ("Cookies");

GetAgent

"we" or "us" or "GetAgent", GetAgent Ltd, a company incorporated in England and Wales with registered number 09428979 whose registered office is at 727-729 High Road, London, England, N12 0BP;

UK and EU Cookie Law

the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;

GDPR

the General Data Protection Regulation (EU) 2016 which governs our use of personal Data;

DPA

the Data Protection Act 1998;

User or you

any third party that accesses the Website and is not either (i) employed by GetAgent and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to GetAgent and accessing the Website in connection with the provision of such services; and

Website

the website that you are currently using, www.getagent.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

In this privacy policy, unless the context requires a different interpretation:

  1. the singular includes the plural and vice versa;
  2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
  3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
  4. "including" is understood to mean "including without limitation";
  5. reference to any statutory provision includes any modification or amendment of it;
  6. the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

This privacy policy applies only to the actions of GetAgent and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

Data collected

We may collect the following Data, which includes personal Data, from you:

  1. Name
  2. Contact Information such as email addresses and telephone numbers;
  3. Property Address
  4. IP address (automatically collected);
  5. Web browser type and version (automatically collected);
  6. Operating system (automatically collected);
  7. in each case, in accordance with this privacy policy.

Our use of Data

For purposes of the DPA and the GPDR, GetAgent is the "Data controller".

GetAgent's lawful basis for processing Data on homeowners is based on Article 6(1)(f) of the GDPR (Legitimate interest). A Legitimate Interests Assement has been carried out.

GetAgent's lawful basis for processing Data on estate agents is based on Article 6(1)(b) of the GDPR (Contract).

GetAgent will retain any Data you submit for 36 months, although you have the right to request deletion before that date. For more details on your rights, see the clause below (Your rights).

Unless GetAgent are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your Data will not be disclosed to third parties.

All personal Data is stored securely in accordance with the principles of the DPA and the GPDR. For more details on security see the clause below (Security).

Any or all of the above Data may be required by GetAgent from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us GetAgent the following reasons:

  1. internal record keeping;
  2. improvement of our products / services;
  3. in each case, in accordance with this privacy policy.

Third party websites and services

GetAgent may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website. The providers of such services have access to certain personal Data provided by Users of this Website.

Any Data used by such parties is used only to the extent required by them to perform the services that we request. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties will be processed within the terms of this privacy policy and in accordance with the DPA and the GPDR.

Some third party providers may be incorporated outside of the EU and/or may process Data outside of the EU. In these cases, GetAgent will ensure that any Data passed to the provider is processed in accordance with the DPA and the GPDR. Generally this will be in the form of a Data Processing Agreement with the third party.

Third-party providers GetAgent currently uses:

  1. Customer IO
  2. Xero
  3. Mandrill/Mailchimp
  4. Twilio
  5. Plivo
  6. Wootric
  7. Amazon Web Services
  8. Google
  9. Facebook

Links to other websites

This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

GetAgent may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of GetAgent. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

We may also disclose Data to a prospective purchaser of our business or any part of it.

In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Controlling use of your Data

Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:

  1. use of Data for direct marketing purposes; and
  2. sharing Data with third parties.

Functionality of the Website

To use all features and functions available on the Website, you may be required to submit certain Data.

You may restrict your internet browser's use of Cookies. For more information see the clause below (Cookies).

Your Rights

You have certain rights under the GDPR:

  1. Right to be informed - this Privacy Policy outlines GetAgent's purposes for processing your personal Data, GetAgent's retention periods for that personal Data, and who it will be shared with.
  2. Right of access - you can request a copy of your personal Data that GetAgent holds. Please email your request to hello@getagent.co.uk.
  3. Right to rectification - if any of your personal Data that GetAgent holds is incorrect, you can ask GetAgent to correct the data. Please email your request to hello@getagent.co.uk.
  4. Right to erasure - you can request GetAgent delete your personal Data. This request will not be unreasonably refused. Please email your request to hello@getagent.co.uk.
  5. Right to restrict processing - you can request that GetAgent pauses processing your personal Data. Your Data will be archived until you choose to permit GetAgent to resume processing. Please email your request to hello@getagent.co.uk.
  6. Right to object - you can object to GetAgent processing your Data (please also see Right to Erasure, above). Please email your request to hello@getagent.co.uk.


Rights that do not apply:

  1. Right to Data portability - this right does not apply to homeowners as it only applies in cases "where the processing is based on the individual’s consent or for the performance of a contract". GetAgent's lawful basis for processing homeowner personal Data is based on Legitimate Interest. However the Right of Access (see above) still applies and may be relevant.
  2. Rights related to automated decision making including profiling - GetAgent does not make automated decisions or profile using personal Data that have legal or similarly significant effects.

Security

Data security is of great importance to GetAgent and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website. Your personal Data is encrypted in transit (via TLS) and encrypted at rest within GetAgent's database systems.

If password access is required for certain parts of the Website, you are responsible for keeping this password confidential.

We endeavour to do our best to protect your personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website.

Cookies

This Website may place and access certain Cookies on your computer. GetAgent uses Cookies to improve your experience of using the Website and to improve our range of services. GetAgent has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

Transfers outside the European Economic Area

Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. These countries may not have Data protection laws equivalent to those in force in the EEA.

If we transfer Data outside the EEA in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected as outlined in this privacy policy. You expressly agree to such transfers of Data.

General

You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

GetAgent reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact GetAgent by email at hello@getagent.co.uk.

Attribution

These terms and conditions were based on a document from Rocket Lawyer (subsquently amended).

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