Privacy Policy
Welcome to Thorpe Estates Limited (trading as “Hogan’s”) Privacy Policy.
Hogan’s respects your privacy and is committed to protecting your personal data. This Privacy Policy will tell you how we look after your personal data when you visit our website and/or use our property sales and/or lettings services.
Please use the Glossary at the end of this Privacy Policy to understand the meaning of some of the terms used in it.
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS PRIVACY POLICY
This Privacy Policy aims to give you information on how Hogan’s collects and processes your personal data through your use of this website and/or your use of our property sales and/or lettings services.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this Privacy Policy together with any other privacy notice on our website from time to time so that you are fully aware of how and why we are using your data.
CONTROLLER
Hogan’s is the controller and responsible for your personal data (collectively referred to as, “we”, “us” or “our” in this Privacy Policy).
CONTACT DETAILS
Our full details are:
Full name of legal entity: Thorpe Estates Limited (trading as “Hogan’s”) a limited company with registered number 06711106. Hogan’s is registered, and operates, in the United Kingdom.
Office addresses: 300 Harehills Lane, Leeds, LS9 7BG and 1200 Century Way, Thorpe Park, Leeds LS15 8ZA; Registered address: Tarn House, 77 High Street, Leeds, LS19 7SP
You can also contact us through our customer contact page.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (https://ico.org.uk). In the UK, please read: https://ico.org.uk/for-the-public/raising-concerns/ for details of how to do this. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES
We may need to update this Policy at any time and without notice and the latest updated policy will be displayed on our websites.
It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us.
THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Policy of every website you visit.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
• Identity Data includes first name and last name, identification documents and proof of address.
• Contact Data means the data we use to contact you including your address, email address and telephone number.
• Property Data includes information relating to the property that you are looking to purchase and/or sell, or alternatively details relating to the rental properties.
• Financial Data means the data we use to process any payments (including rental payments) that we receive from you [We do not store or process your card details ourselves, they are processed and stored via one of our contracted third party service providers].
• Transaction Data means details about the estate agent or lettings services that we provide to you and will include (but not exclusively) proof of funds, proof of mortgage, application forms and tenancy agreements.
• Technical Data means details about the device(s) you use to access our website including your internet protocol (IP) address, browser type and version, location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Marketing Data includes your preferences in receiving marketing from us.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, where you do not provide identification documents we will not be able to accept you as a tenant). We will notify you if this is the case at the appropriate time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
• Direct interactions. You may give us your Identity Data, Contact Data, Transaction Data, , Financial Data and Marketing Data in person, by using our website, filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you
◦ enquire about a particular sale or rental property;
◦ instruct us to market a sale or rental property on your behalf;
◦ become a tenant of one of our rental properties; or
◦ give us some feedback.
• Automated technologies or interactions. As you interact with our website, we may automatically collect Usage Data and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookies Policy for further details.
4. THIRD PARTY SOURCES OF DATA/DATA SHARING:
We also collect from and share data with the following providers:
• Essential Service Providers: Sometimes, other businesses give us data about you which we may need for our legitimate interests of conducting business with you and on occasion they are necessary to perform our contract with you. It usually comprises Financial Data or Transaction Data. This happens when we link through to third party payment providers. They tell us that your payment has been successful and, where relevant and/or necessary they may provide us with your Contact Data and Transaction Data. We also might engage third party contractors to provide us with services that are related to the services that we provide to you (for example we may need to instruct a third party contractor or supplier to carry out repair works on a property that you are renting from us).
• Professional Advisers and Investors: We may also share your data with professional advisers such as our lawyers and insurers to manage risks and legal claims. This is in our legitimate interests.
• Sale: It is possible that we could sell our business to a third party or re-organise our business or become insolvent. In that scenario, our database of existing and potential clients is one of the biggest parts of that business and so we would need to share it with the third-party buyer and their advisers. This is in the legitimate interests of selling our business. We may also expand our group of companies and in this scenario we may share your data within our group in order to improve our products and services and because of some of our internal support services may be shared across the group. This is in our legitimate interests of cost efficiency and growing our business. Where this occurs, we will post a link to all group companies and their locations in this Privacy Policy and ensure that they will only use your personal information in the ways set out in this Policy.
• Law Enforcement/Legal Compliance:. We will also cooperate with law enforcement requests. This may include disclosing your personal information to government or law enforcement agencies, or private parties, when we have a good faith belief that disclosure is required by law or when we, in our discretion, believe that disclosure is necessary to protect our legal rights, or those of third parties and/or to comply with a judicial proceeding, court order, fraud reduction or legal process served on us. In such cases, we may raise or waive any legal objection or right available to us. These uses of your data are in our legitimate interests of protecting our business security. We may also use your data and share it with the recipients listed in this Privacy Policy for the purpose of complying with our legal obligations.
The lawful bases for sharing and processing this data is set out in the table below and please refer to the External Third Parties listed in the Glossary for further information.
5. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.
See the Glossary at the end of this Privacy Policy to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by notifying one of Hogan’s directors.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we may use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
|
Purpose/Activity |
Type |
Lawful basis for processing including basis of legitimate interest |
|
To register you as a new customer |
(a) Identity |
Performance of a contract with you. |
|
To process and deliver property related services to you: (a) managing payments, fees and charges; and |
(a) Identity |
Performance of a contract with you. We may also use some of the data related to your queries for our legitimate interests of ensuring our customer service quality standards are met. |
|
Tocollect and recover money owed to us in respect of your order |
(a) Identity |
Necessary for our legitimate interests (to recover debts due to us). |
|
To carry out fraud assessments |
(a) Identity |
Necessary for our legitimate interests of ensuring payments are not fraudulent |
|
To notify you in relation to our legal obligations and documents, including changes to our terms or Privacy Policy |
(a) Identity |
Necessary for our legitimate interests of ensuring our customers are updated on these changes. |
|
To help us improve our offering to our customers, including asking you to leave a review or take a survey, or provide customer insights |
(a) Identity |
Necessary for our legitimate interests (to study how customers use our products/services, to improve our offering to our customers, to develop them and grow our business). |
|
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
(a) Identity |
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and to prevent fraud. |
|
To deliver relevant website content and other marketing material to you |
(a) Identity |
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business to inform our marketing strategy and to improve our offering to you). Please note that where cookies are used for this purpose, this is covered separately by our Cookies Policy. |
|
To make suggestions and recommendations to you about goods or services that may be of interest to you |
(a) Identity |
Necessary for our legitimate interests (to develop our products/services and grow our business, and to improve our offering to you). |
We do not conduct any automated decision making.
MARKETING
We may use your Identity, Contact and Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services may be relevant for you. We only use the data you provide to us directly for this purpose and we do not track what other websites you may visit after visiting our site, though in common with most websites, we may register the site which referred you to our site (e.g. a search engine).
We generally only send electronic marketing – such as email marketing – to people who have previously expressed an interest in our property sales and/or rental related services and this is in our legitimate interests. We will always offer a way out of receiving this marketing when you first provide your contact details to us and in every marketing communication afterwards. We may on occasion send out postal marketing for the purpose of growing our sales which is in our legitimate interests and in this scenario we will rely on you to let us know if you do not want to receive this by opting out of marketing (see Opting out below).
Where you have not previously engaged our services and/or entered into a contract with us but have registered your details with us, we will only send you marketing communications if you opted into receiving marketing at the time and so given us your express consent (which you may withdraw at any time – see Opting out below).
OPTING OUT
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a property related sales or rental service that you have requested us to provide, or related correspondence, and we will continue to process such data in accordance with this Privacy Policy and only ever as permitted by law.
COOKIES
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookies Policy.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6. DISCLOSURES OF YOUR PERSONAL DATA
We require all third parties to respect the security of your personal data and to treat it in accordance with the law and they may only use your data for the purposes we specify in our contract with them. We will always work with them to protect your privacy.
8. DATA SECURITY
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.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
You acknowledge that the Internet is not a completely secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us (or we send to you) via the Internet. We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information.
9. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. For example, details of the property related services that we provide to you will be kept for as long as we need to retain that data to comply with our legal and regulatory requirements. This is generally 7 years from the date that our provision of services to you ceases unless the law prescribes a longer period.
In some circumstances you can ask us to delete your data: see Your Legal Rights below for further information.
10. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under UK data protection laws in relation to your personal data.
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it for example where you consider that we do not need it any longer for the purposes for which we originally collected it as explained to you in this Privacy Policy, where you have withdrawn your consent to our using it and we had relied on that consent according to this Policy, where you consider that we cannot show a ‘legitimate interest’ in continuing to process it and we have relied on that legitimate interest to process it as explained to you in this Policy . You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
If you wish to exercise any of these rights, please Contact Us.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
11. GLOSSARY
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
THIRD PARTIES
EXTERNAL THIRD PARTIES
Cloud storage providers – we use cloud computing platforms that securely store all of our data, including customer details.
Email service providers – in order to send you marketing content and transactional emails, we share your details with our email service providers.
Analytics tools – we use analytics tools to track the way that users interact with our website.
Payment providers – in order to facilitate any payments made to us, we facilitate the sharing of your Financial Data with payment providers.
HOGAN’S COOKIES POLICY
Our websites (Hogan’s; Hogan’s Online Plus; and Hogan’s Fast Sale) each uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our website..
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website.
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
