The following is Channer Morgan's Privacy Notice:
Introduction
Channer Morgan LLP (“we” “us” or “our”) are committed to protecting and respecting your privacy. The rules on the processing of personal data are stated in the General Data Protection Regulation (the “GDPR”).
This Privacy Notice (together with our terms of website use at https://www.channermorgan.co.uk/terms-of-website-use and any other documents referred to in them) sets out the basis on which any personal data we collect from you, or that you provide to us, or that we obtain about you, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. Please check back frequently to see any updates or changes to our privacy policy.
This Privacy Notice, provides information on the following:
Contents
1.0 Definitions in GDPR
2.0 Who we are
3.0 The categories of personal data we collect
4.0 How personal data is collected
5.0 Our basis for processing your personal data and how we use that personal data
6.0 Who we may share your data with
7.0 Transfer and processing of your personal data outside the European Economic Area
8.0 Automated decision making
9.0 How long we will hold your personal data for
10.0 Providing us with your personal data
11.0 Your rights
12.0 Our communications, the Website and cookies
13.0 Security of Personal Information & other data
14.0 Banking transactions
15.0 Further processing
16.0 Changes to this Privacy Notice
17.0 How to contact us and / or complain
1.0 Definitions in GDPR
The General Data Protection Regulation EU 2016/679 ("GDPR") contains the following definitions:
Data Controller - A controller determines the purposes and means of processing personal data.
Data Processor - A processor is responsible for processing personal data on behalf of a controller.
Data Subject - Natural person.
Categories of data: Personal data and special categories of personal data
Personal Data - The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.
Special Categories Personal Data - The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.
Processing - means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Third Party - means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
2.0 Who we are
2.1 Channer Morgan LLP is / are:
2.1.1 A limited liability partnership operating from business premises at 5 Chancery Lane, London, WC2A 1LG and Unit 19B, Chiltern Court, Asheridge Road, Chesham, HP5 2PX;
2.1.2 Registered in England - LLP number OC400838. Registered Office: 28 Church Road, Stanmore, HA7 4XR. Members: Andrew Channer BSc (Hons) MRICS; Sophie Channer BA (Hons) (née Morgan-Jones);
2.1.3 Chartered Surveyors Regulated by RICS;
2.1.4 Responsible for the https://www.channermorgan.co.uk website (“Website”);
2.1.5 For the purposes of the General Data Protection Regulation EU 2016/679 ("GDPR") and UK data protection, the Data Controller in respect of the processing described in this Privacy Notice; and
2.1.6 Registered with the UK Information Commissioner’s Office (Registration Number ZA420337);
2.2 The Data Controller’s representative is Andrew Channer BSc (Hons) MRICS.
3.0 The categories of personal data we collect
3.1 We may collect the following categories of personal data about you:
3.1.1 Your name and contact information such as your home and / or business address, email addresses and telephone numbers;
3.1.2 Identity and biographical information including your nationality, date of birth, tax status, photographic identification, details of passport, driving licence, birth certificate, national identity card and country of domicile, documentation to prove your place of residence (such as utility bills), your employment and employment history, job title and role, educational profile, interests, information relating to your potential or ongoing employment by, or to become a Member of Channer Morgan LLP, and other information relevant to our provision of professional services;
3.1.3 Information in relation to your financial situation such as income, expenditure, assets and liabilities, sources of wealth, mortgage details, as well as your bank account details and other information necessary for processing payments and for fraud prevention purposes;
3.1.4 An understanding of your goals and objectives and other information provided to us in connection with our provision of professional services;
3.1.5 Information about our meetings and telephone conversations with you;
3.1.6 Limited usage data relating to your viewing and accessing of our email marketing materials should we decide to introduce this at a future date, and your marketing preferences (see Section 12 (Our communications, the Website and cookies) below).
3.2 Our provision of professional services may also require us to process special category data (including data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life and sexual orientation) and / or data relating to criminal convictions and offences (together “sensitive personal data”).
4.0 How personal data is collected
4.1 We may collect your personal data or you may provide it to us through various means including from information:
4.1.1 Provided to us by our clients;
4.1.2 You provide to us when you meet us;
4.1.3 You communicate to us by telephone, post, email or other forms of electronic communication. In this respect, we may monitor, record and store any such communication;
4.1.4 Collected when you complete (or we complete on your behalf) client engagement formalities or register for an event;
4.1.5 Drawn from publicly available sources or from third parties, for example when we need to conduct background checks about you, or when we obtain copies of registers or documentation from the Land Registry relating to property you own or in which you have some other form of interest;
4.1.6 About you provided to us by your organisation, agents, advisers, intermediaries or custodians of your assets and other parties;
4.1.7 About you provided to us by opposing parties to a transaction and / or professional matter, including such as form their surveyor, valuer, legal representatives (including barristers), accountants or expert witnesses;
4.1.8 From closed circuit television monitoring in or outside our offices;
4.1.9 Collected when you view or access our email marketing materials (see section 12 (Our communications, the Website and cookies) below);
4.1.10 Collected otherwise in the normal course of providing professional services;
4.1.11 We also may collect information in other ways for which we provide specific notice at the time of collection, or for which we produce a modification to this Notice.
5.0 Our basis for processing your personal data and how we use that personal data
5.1 How we use your personal data will depend on whether you are a client, a representative of a client, a business contact, someone whose personal data we necessarily process as part of our provision of professional services, employee, an applicant for employment, Member, or applicant to become a Member of Channer Morgan LLP, contractor or other party to a proposed or actual contractual relationship with us, or otherwise. We may process your personal data for the following purposes:
5.1.1 Providing a proposal to you or your organisation in relation to the professional services we offer and for client engagement purposes (including the carrying out of background checks);
5.1.2 Providing professional services to you and / or our clients, such as, but not limited to those referred to on the https://www.channermorgan.co.uk website (including research and advice, and associated advisory services);
5.1.3 Managing our relationship with you and / or our clients (including billing, financial management), for record-keeping purposes and more generally for the proper operation of Channer Morgan LLP;
5.1.4 In preparing for and giving evidence to Tribunals and Courts and in correction with disputes that are being determined by arbitration, expert, or mediation processes;
5.1.5 Dealing with any queries, complaints or feedback you may have and / or to comply with a request from you in connection with the exercise of any of your rights outlined in this Notice;
5.1.6 In arranging for one of our client’s properties to be rented, sold, or otherwise transacted to or from you or one of your clients, and or where you are a party to, or professional involved in a situation relevant to the provision of our professional services. This might include us obtaining references and undertaking checks with third party referencing agencies to ascertain your, or your client’s suitability to be a party to a transaction;
5.1.7 Any other purpose for which you provide us with your personal data;
5.1.8 Monitoring and improving the performance and effectiveness of our services, including by training our staff;
5.1.9 The purposes set out in Section 12 (Our communications, the Website and cookies) below;
5.1.10 Seeking advice on our rights and obligations, such as where we require legal advice, and to exercise and defend our legal rights;
5.1.11 Compliance with our legal and regulatory obligations, such as anti-money laundering laws (which may include the carrying out of background checks and retention of a record of such checks), data protection laws and tax reporting requirements, and / or to assist with investigations by police and / or other competent authorities (where such investigation complies with relevant law) for the purposes of the prevention and detection of crime, fraud and/or money laundering, or otherwise, and to comply with Court orders;
5.1.12 Administrative efficiency purposes such as where we outsource certain administrative functions to third parties who specialise in such services; for safeguarding the security of our systems and communications, such as taking steps to protect your and other information against loss, damage, theft or unauthorised access;
5.1.13 For security purposes generally and to ensure the safety and security of Members of Channer Morgan LLP, our employees and visitors;
5.2 We might also use your information in other ways for which we will provide a future Privacy Notice specifically relating to that purpose, or by means of an update of this Notice to include that purpose.
5.3 We may process your personal data for any of the purposes set out above where one (or more) of the following lawful processing grounds applies:
5.3.1 The processing is necessary to perform a contract with you, or to take steps at your request before entering into a contract with you;
5.3.2 The processing is necessary for us to comply with our legal obligations;
5.3.3 The processing is necessary for our legitimate interests (including the operation of Channer Morgan LLP, and the provisions of professional services) or those of any client or relevant third party, unless those legitimate interests are overridden by your interests or fundamental rights or freedoms; and / or
5.3.4 You have consented to the processing in question.
5.4 Where we process sensitive personal data, other lawful processing grounds may apply, such as that the processing is necessary for the establishment, exercise or defence of legal claims (for example to protect and / or defend our property or rights, or those of our clients) or for reasons of substantial public interest; or where you have given us your explicit consent.
5.5 We also may use the information in other lawful processing grounds for which we will provide a future Privacy Notice specifically relating to those grounds, or by means of an update of this Notice to include those grounds.
6.0 Who we may share your data with
6.1 We may share your personal data with:
6.1.1 Your organisation;
6.1.2 Our client in the particular matter;
6.1.3 Third parties you have engaged, or we engage to assist in providing our professional services, such as lawyers (including barristers), other professional services firms, contractors, our software suppliers and hosts running software for us, IT and other consultants, our accountants, public relations advisers, translators and / or couriers;
6.1.4 Intermediaries and / or other parties to whom we introduce you, or that you introduce to us;
6.1.5 Third party service providers who provide business services to us, such as shared service centres and offices, and with providers of anti-money laundering services and background checks, for processing in accordance with our instructions;
6.1.6 Our own surveying, valuation and professional services providers and anyone else that is a Member of, or works for Channer Morgan LLP, and insurers and their solicitors and barristers, where appropriate;
6.1.7 Other parties involved in a transaction or matter upon which we are acting for or against you or your agent, representative or client, such as but not limited to your agent, representative or client, valuers, solicitors, managing agents, management companies, estate agents, etc, which may be acting for you, or an opposing party, or for your client;
6.1.8 Third parties and their advisers in the event of the potential or actual sale or purchase of all or part of our business or assets (or any other business or assets), subject to appropriate obligations of confidentiality;
6.1.9 RICS Regulation, other accreditation organisations, RICS Dispute Resolution Service and the Ombudsman Services: Property; and / or any other Ombudsman, or such like, that might at a future point be an Alternative Dispute Resolution provider, or other party dealing with disputes and / or complaints, or otherwise relevant to the dealing of any consumer complaints;
6.1.10 Courts and other authorities in connection with the enforcement or defence of legal rights and provision of our professional services;
6.1.11 Our professional indemnity, business and other insurers and / or brokers for the purposes of obtaining insurance quotes and / or renewals;
6.1.12 Our professional indemnity, business and other insurers and their (and, if different, our) professional advisers, to the extent appropriate if and when circumstances arise where there might be, or is a claim against us and by us on that insurance policy;
6.1.13 The relevant authorities if we suspect there might have been or there might be an offence or attempted offence whether against the Money Laundering Regulations or otherwise, and otherwise so as to comply with our regulatory and legal obligations;
6.1.14 Your insurers or potential insurers, or brokers, if we are instructed to arrange for insurance cover to be obtained or confirmed on your behalf;
6.1.15 A mediator, arbitrator, or expert where there is a requirement to provide your personal data to them;
6.1.16 If we are managing your property assets, with any contractor, supplier, professional, direct debit company, bank, potential or actual insurer or broker, regulator, tribunal, court, arbitrator, mediator, debt recovery facilitator, utility companies / providers and brokers, past and future agents; and statutory, taxation or other authority that we are required to provide information about your property holdings;
6.1.17 Attorneys (under a Power of Attorney);
6.1.18 Your agent, financial advisor, broker, and / or lender;
6.1.19 If you are purchasing a property under the Help to Buy scheme, information to enable the scheme operators to check your eligibility and to allow you to participate in and obtain benefits from the scheme;
6.1.20 Our financiers, credit reference and debt recovery agencies, and third party service providers. They might add this information to their records and this may be seen by other organisations that carry out credit assessment searches;
6.1.21 Emergency services.
6.2 Once we have released any personal data, we will not be in control of or able to ensure its security. However, except in the context of the prevention, investigation, detection or prosecution of criminal offences, any organisation to which we release the personal data is likely to be bound to keep your data secure and generally to comply with the requirements of the General Data Protection Regulation. Where, for the purposes described in this Notice, we release any of your personal data to a Natural Person (rather than a company), that assurance of security will not apply.
7.0 Transfer and processing of your personal data outside the European Economic Area
7.1 Our provision of professional services may require us to transfer your personal data to countries outside the European Economic Area which may not provide the same level of data protection as within it.
7.2 We can make an international transfer of personal data if it is necessary in relation appropriate matters and circumstances described in this Notice. It might be that such transfer meet the requirements of GDPR, for example because it is necessary for the provision of our professional services to you or for the establishment, exercise or defence of legal claims; or is otherwise subject to prescribed safeguards such as model clauses approved by the European Commission, and / or if the country in question ensures an adequate level of protection or there are appropriate safeguards and effective legal rights and remedies are available for you. If the transfer is to the US, it might also be possible to make transfers to organisations that are part of Privacy Shield. This is a framework that sets privacy standards for data sent between the US and EU countries. It makes sure those standards are similar to those used within the EEA.
7.3 You can find out more about the data protection for international transfers on the European Commission’s website at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en
7.4 Should the need for such transfers arise, we will provide you with our opinion of the risks involved.
8.0 Automated decision making
8.1 We do not presently use any form of automated decision making in our business.
9.0 How long we will hold your personal data for
9.1 We will retain your personal data for as long as is necessary to fulfil the purposes set out in this Privacy Notice.
9.2 In many cases this will mean that we shall retain your personal data for at least the same period as we retain your files or a copy of your files. Usually this will not be less than 16 years from the date that the relevant matter came to an end. Electronic storage is likely to be indefinite but (subject to the points below) your personal data stored electronically can be deleted at your request after the expiry of the limitation period. The reason for indefinite storage is principally that information from a closed matter can be useful to you in the future. Additionally, we shall retain information obtained to meet our obligations under the anti-money laundering regulations for at least 5 years following the end of our business relationship with you.
9.3 Longer retention periods may be appropriate where, for example, for statutory or regulatory obligations or for legal or public interest archival reasons.
10.0 Providing us with your personal data
10.1 There is seldom, if ever, any requirement or obligation on you to provide personal data to Channer Morgan LLP. However, if before a contract with us is made you do not provide the personal data essential for the applicable purposes stated in this Notice, we will not be able to enter into a contract with you or therefore do any work for you; and if after the contract has been made you do not (on your initiative or at our request) provide us with personal data relevant or potentially relevant to your matter, it is likely to undermine the prospects of a successful outcome and could prevent us from progressing or completing the work. Your failure to provide such data could entitle us to end our contract with you.
11.0 Your rights
11.1 Under GDPR you have the right to:
11.1.1 obtain access to, and copies of, the personal data we hold about you and information about how we process it;
11.1.2 require us to correct any inaccuracies in the personal data we hold about you;
11.1.3 require, in certain circumstances, erasure of your personal data;
11.1.4 require us, in certain circumstances, to restrict our data processing activities;
11.1.5 obtain from us the personal data you have provided to us in a reasonable format specified by you, including for the purpose of you transmitting that personal data to another Data Controller;
11.1.6 object to our use of your personal data based on our legitimate interests, on grounds relating to your specific situation;
11.1.7 withdraw your consent, where our use of your personal data is based on that consent; and
11.1.8 complain to the Information Commissioner's Office, which can investigate compliance with data protection law and has enforcement powers, if you are not satisfied with how we are processing your personal data.
11.2 Please contact us in writing using the contact details below if you would like to action any of your rights above. You should note that these rights are not absolute, and we may be entitled (or required) to refuse requests where exceptions apply.
12.0 Our communications, the Website and cookies
12.1 We may use your contact details to send you (by post or electronically) briefings, newsletters, event invitations and other mailings promoting our services. We do so on the basis of our legitimate interests or your consent (as appropriate to the communication in question). You can always unsubscribe from these mailings, by clicking on the link in the relevant email; or by contacting us at info@channermorgan.co.uk
12.2 We might at a future date use mailing list management / marketing software to manage how we contact you as set out above. This would enable us to record and manage how we contact you, and to manage your preferences and bookings for our events. It also enables us (as set out in any such email) to review whether emails are opened or forwarded, and whether briefing links are clicked. This data helps us to ensure our mailing list remains up to date; it also provides us with some basic information about your interests and to personalise our communications with you.
12.3 While Channer Morgan LLP may provide aggregate statistics to others, these will contain no information to identify you personally.
12.4 Channer Morgan LLP may maintain links to other websites for your reference if you wish. Channer Morgan LLP cannot control the contents of such other sites and has no responsibility for all or any part of their content or approval or endorsement by the company of anything that you may read there. Channer Morgan LLP accepts no responsibility for the data collection methods employed by other sites.
13.0 Security of Personal Information & other data
13.1 Channer Morgan LLP take commercially reasonable security precautions regarding your personal information. These include storing it in a secure manner, with frequent backups, and use of procedures and software designed to protect it from unauthorised access, interception, theft, loss, destruction, damage, corruption, use, modification or disclosure. However, the nature of the internet is such that there can be no absolute guarantee of security. Information could be accessed and used in ways which Channer Morgan LLP cannot foresee or protect you from.
13.2 We cannot guarantee that any of your personal information that we store, or that is transmitted from or to a Member, employee, or one of the parties described in this Notice with whom your information might be shared, will be free from unauthorised access, interception, theft, loss, destruction, damage, corruption, use, modification or disclosure. We therefore disclaim any liability for the potential problems described in this paragraph and paragraph 13.1 above, and will not be responsible for any loss or damage you or others may suffer from the occurrence of such problems or others affecting the integrity of your personal information and / or other data. By using this website, contracting our services, and / or otherwise dealing with us, you acknowledge that you understand and agree to assume these risks. You therefore need to accept that your personal information or other data we store, stored, hold, held, transmit, transmitted, or otherwise process or processed is / has been at your own risk.
14.0 Banking transactions
14.1 We are aware of scams that involve the interception of emails requesting payments and the modification of bank account details they contain, and also those involving fraudulent letters. In the event of you receiving communications from us, or purportedly from us, that contain such details, in order to protect you and us, before sending us the funds requested, please telephone our office during normal weekday office hours, to confirm our bank details are those stated in the communication.
14.2 Our bank account details will not change during the course of our dealing with you, unless in addition to us providing you with either e-mail or written confirmation they have, we also afterwards telephone you and in that conversation provide you with information about you and in connection to the matter that we are dealing with you on, so as to demonstrate beyond reasonable doubt that you have received a genuine communication from us conforming that our bank account details have changed, and that we then in the same telephone conversation verbally verify the bank account details in that email or written communication to you are correct.
14.3 In the event of you failing to follow the bank account verification procedures described in sections 14.1 and 14.2 above you will be relying on bank account details sent by email or post to you at your own risk. We will not take responsibility if as a result of you failing to follow the verification procedures stated above, or otherwise, you transfer money to a wrong account.
15.0 Further processing
15.1 If we wish to use your personal data for a purpose, not covered by this Data Privacy Notice, then we will provide you with a future Notice specifically relating to that purpose, or update this Notice to include that purpose.
16.0 Changes to this Privacy Notice
16.1 We may update or change this Privacy Notice in line with changes to how we process personal data. We will publish any new version of the Privacy Notice on the Website and, where appropriate, will provide you with a copy. Please check back frequently to see any updates or changes to our policy.
17.0 How to contact us and / or complain
17.1 If you have any queries about this Privacy Notice or how we process your personal data, and / or you wish to exercise any relevant rights, queries or complaints please in the first instance contact Andrew Channer BSc (Hons) MRICS, Data Controller’s Representative at info@channermorgan.co.uk or by post at: Channer Morgan LLP, Unit 19B, Chiltern Court, Asheridge Road, Chesham, HP5 2PX.
17.2 If the contact mentioned in 17.1 above does not resolve matters to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office, by Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate); or via email ico.org.uk/global/contact-us/email or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.
