Last updated - 20th October 2020
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;
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");
"we" or "us" or "GetAgent", GetAgent Ltd, a company incorporated in England and Wales with registered number 09428979 whose registered office is at 346 Old Street, London, England, EC1V 9NQ;
the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
the General Data Protection Regulation (EU) 2016 which governs our use of personal Data;
the Data Protection Act 1998;
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
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.
We may collect the following Data, which includes personal Data, from you:
For purposes of the DPA and the GDPR, 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 GDPR. 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 for the following reasons:
Homeowner data is shared with an estate agent when the homeowner requests a valuation from that estate agent, either on the GetAgent website or when speaking to a member of the GetAgent customer service team. The data shared with the estate agent comprises the homeseller's name, address and forwarding details that connect to the homeseller's email and telephone.
If the homeseller does not request a valuation, no homeseller personal data will be shared with the estate agent.
GetAgent works with several ancillary providers. The homeseller's personal information will only be shared with an ancillary provider if the homeseller specifically requests more information about the ancillary service, either online or on the phone with the GetAgent customer service team.
If a homeseller subsequently asks GetAgent to remove their personal data, any third party who has received the homeseller's data (as detailed above) may retain the homeseller's data.
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.
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 GDPR. Generally this will be in the form of a Data Processing Agreement with the third party.
Third-party providers GetAgent currently uses:
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.
Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:
To use all features and functions available on the Website, you may be required to submit certain Data.
You have certain rights under the GDPR:
Right of access - you can request a copy of your personal Data that GetAgent holds. Please email your request to firstname.lastname@example.org
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 email@example.com
Right to erasure - you can request GetAgent delete your personal Data. This request will not be unreasonably refused. Please email your request to firstname.lastname@example.org
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 email@example.com
Right to object - you can object to GetAgent processing your Data (please also see Right to Erasure, above). Please email your request to firstname.lastname@example.org
Rights that do not apply:
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.
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.
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.
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.
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.
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.
You may contact GetAgent by email at email@example.com.
These terms and conditions were based on a document from Rocket Lawyer (subsquently amended).
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We are a company registered in England & Wales, company number 09428979.