COOKIE & PRIVACY POLICY

Barton Kendal Residential Limited, Barton Kendal Lettings Limited and Barton Kendal (Middleton) Limited are committed to protecting and respecting your privacy.  We will use the personal information you supply to us to tailor our services which include property sales and lettings, property auctions, surveys and valuations, EPC and land sales, in order that we can provide you with the best possible customer service, when dealing with either our staff, of when using our the company website : www.barton-kendal.co.uk , or social media, such as Facebook.

For the purpose of the Data Protection Act 1988 (the Act) and the general data protection regulations (GDPR), the Data Protection Compliance Officer is Mr Ian Tweedley FRICS who has been appointed Compliance Officer in respect of its data protection activities.  Mr Tweedley is the Managing Director based at our Central Office in Rochdale.

By using our website, you are deemed to have accepted our terms of use – please ensure that you have read the document available here.

The purpose of this private policy is to explain how Barton Kendal store, share and control the information you provide when you contact Barton Kendal or otherwise engage with Barton Kendal via our website or other media sources.  Which can include the following :-

  • Via our website – www.barton-kendal.co.uk
  • Via telephone
  • Via post/email
  • Via social media (such as Facebook)
  • Via third party websites

(such as www.allagents.com)

  • Via property portals

(such as www.rightmove.co.uk, or www.onthemarket.com, or www.relocationagentnetwork.co.uk or www.iamsold.co.uk)

By engaging the services of Barton Kendal or by visiting our website, you are accepting and consenting to the practises described in this policy.  We will be able to contact you to

 

Types of information and data held by Barton Kendal
 

Personal data is any information which relates to you and identifies you personally, either alone or in combination with other information which you have made available to ourselves.

1.     We may collect and process the following personal information about you. 

  1. Any information you submit to Barton Kendal by
  2. filling in forms on the websites, third party websites and portals which send information to us
  3. via telephone calls, emails and social media
  4. in person via our branches in Rochdale and Middleton. 

The information provided may include name, address, phone numbers, CV’s and other information gathered during recruitment.

2.     Information required to comply with legislation such as the Right to Rent checks, Section 22 of the Immigration Act 2014, if you are renting a property and the Money Laundering Terrorist Financing and Transfer of Funds (information on the payer) Regulation 2017 (more commonly referred to as the Money Laundering Regulations 2017, which is a legal requirement for our services.

3.     Information required by us to enable Barton Kendal to facilitate viewings, market appraisals and surveys etc.  This will include contact details for the client or the consumer, including a residential address, telephone number, email address etc.

4.     Information to enable us to tailor our marketing and communications to you, based on your personal preferences, such as types or services you are looking for, either lettings, sales, surveys etc. this may include the location of your search area, your budget etc.

5.     We may need to keep a record of your details should you report an issue with our services or one of the properties which you may be renting.

6.     When you visit or otherwise access our website, details including but not limited to :

  1. information about the device and browser (hereafter “Device”) you are using to access the Website e.g. type, version, operating system, etc.
  2. traffic data including the URL of the website that referred you to our website if applicable
  3. location data including geolocation (this can be explicitly controlled in your Device),
  4. blogs and other communication data,
  5. the resources that you access including social media interaction.
  6. your IP (Internet Protocol) address,
  7. the date and time of the visit and how long you remained on our Website,
  8. the pages visited on our Website and interactions performed,

When you register with us you are stating that you are at least eighteen [18] years of age or over. You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up-to-date at all times. You consent to any information concerning you which we collect and process being used, stored and processed in accordance with this Policy.

 

Cookies  -   What are cookies?

 

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.

The cookies used on this website have been categorised based on the categories found in the ICC UK Cookie guide. A list of all the cookies used on this website by category is set out below.

To find out more about cookies generally, including how to control and delete them, visit http://www.aboutcookies.org/

 

What cookies are used by Barton Kendal and why?

 

Strictly Necessary Cookies

These cookies are essential in order to enable you to move around the website and use its features. Without these cookies, services you have asked for, cannot be provided.

Cookie Name ASP.NET_SessionId

 

Description

Used to differentiate one user from another in order to provide core website services and this cookie is erased when the user closed their browser.

Expiry Current session only.
 

Performance Cookies

These cookies collect information about how visitors use a website, for instance, which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor.  All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.

Cookie Name 

__utma
__utmb 
__utmc 
__utmz

Description

We use Google Analytics to understand how the site is being used in order to improve the user experience. Google Analytics sets and uses the 4 cookies listed here. User data collected is all anonymous. You can find out more about Google’s position on privacy at http://www.google.co.uk/intl/en/analytics/privacyoverview.html

Expiry

730 days (__utma)
Less than one day (__utmb)
Current session (__utmc)
182 days (__utmz)

 

Functionality Cookies

 

These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. For instance, a website may be able to provide you with local weather reports or traffic news by storing a cookie the region in which you are currently located. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.

 

Other Cookies outside of our control

 

We may from time to time use one or more external services on this website, to display content within our web pages. For example, to show videos we may use YouTube, to allow social interaction we may use Facebook or Twitter. This is not an exhaustive or complete list of the services we use, or might use in the future, when embedding content.

We cannot prevent these sites, or external domains, from collecting information on your usage of this embedded content. If you are not logged in to these external services then they will not know who you are but are likely to gather anonymous usage information e.g. number of views, plays, loads etc.

 

How do I Manage & Delete these cookies?

 

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit http://www.aboutcookies.org.

 

Links to other websites

 

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

Downloads and Media

 

Any downloadable documents, files, images, video files etc. on our Website are provided to you at your own risk. We take all reasonable precautions to ensure that such files are free of viruses, but we recommend that you use anti-virus software as a precaution. We accept no responsibility for downloads and media provided by external third party websites.

 

The use of your personal information

 

The personal information we collect from you, including your address, telephone number, email address and general requirements of the services you require will be used by Barton Kendal to create a profile in order that we can provide you with the best possible customer service and details of our relevant products and services.  We use and analyse this personal information where necessary for the following purposes detailed below: 

  • Processing your transaction: we use relevant personal information to conduct our business to enable us to complete a transaction whether it be via sales or lettings.  The information may be required to pass on to third parties, including but not limited to solicitors, surveyors, financial advisers, reference agencies etc.
  • Preventing Fraud:   we will use your personal information to assess your credit worthiness.  For this purpose we may need to share information with our referencing providers or solicitors.  This is necessary with regards to Legal obligations we have with regards to Money Laundering and to protect our general legal rights.

We will not pass on your information without your prior consent.

  • Marketing: When you register your details with us for any of our Services, or provide feedback on our services or use our website, we will use your personal information to create a file based on the information we hold about you. This is necessary for the purposes of our legitimate interests in ensuring we have accurate information about you in one specific file in order that we can direct our marketing material with your preferences in order to provide you with the best possible personal service including property update.
  • Improving our products and services: we will use your personal information to build a profile in order to understand your requirements, to improve our Website, as well as to personalise the properties and services we offer you. We process your personal information in this way as it is necessary for the purposes of our legitimate interests in providing better products and services for you and our other customers.  You should be aware that once you have provided details to Barton Kendal by any means, detailed previously in this document, ie: email, through the office, via telephone, via social media or through our website, we may send you communications without the need for further consent.  If you do not wish to receive further communications, then you must ‘opt out’ and we will withdraw your details from our system.
  • Messages and communications: We may send direct communications to you via a channel of your choice such as post, email, phone or social media – the messages or data we will send you will be personalised and tailored to your individual preferences and requirements.  We may use analytics to generate such personal messages.  Should you receive any messages that you do not wish information on, then please ‘opt out’ in order to receive no further communications.

 

How we share your personal information

 

We will not share any of your personal information without your consent.  Your personal information will be available to staff at either of our offices at both Rochdale and Middleton but will not be transferred to any third party without your consent.

 

Sharing your personal information with service providers

 

Where required, we may need to share limited personal information when you register with us or enter in to a transaction with us, as necessary and only for the purposes and on the lawful grounds described above with various third parties who process your personal information on our behalf (Data Processors), such as;

Lettings – including but not limited to tenant referencing agencies, other Estate Agencies, Landlords, Contractors and property maintenance services such as gas and electric contractors, utility companies, EPC, insurance providers – we will require your written consent before transferring your details on to these parties.

Sales – including but not limited to solicitors, conveyancers, surveyors, financial and mortgage advisers, other Estate Agents in the chain, contractors, removals and property maintenance services – again we will require your consent to pass your details on to these particular parties.  Your personal details will also be included on software and system providers including but not limited to Expert Agent, Sage, Iamsold, BriefYourMarket, FixFlow, All Agents, Spectre, Let Alliance amongst others.

Website hosts and analytics platform providers including but limited to Google Analytics, Google AdWords.  If your information is passed on to third parties, we require that these service providers and other third parties adhere to strict rules when processing your personal information, including to use your personal information in accordance with your specific instructions (such as the purposes for completing referencing or contacting you to arrange access to carry out necessary repairs) and the applicable laws.

 

With Legal and Law Enforcement

 

Barton Kendal will disclose personal information where required by law or legal process, for the administration of justice, to protect your vital interest, for investigations by law enforcement or regulatory bodies, to protect and defend Barton Kendal and legal rights, to protect the personal safety of our website users or by order of a valid injunction from a court or law enforcement agency.

 

In Relation to Business Interests

 

In the event that Barton Kendal agrees to sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets.

If Barton Kendal is acquired by a third party, personal data held by us about our customers will be one of the transferred assets.

 

How long do we store your information for?

 

Barton Kendal will hold data supplied where there is a legitimate interest in doing so (such as where a client or customer has registered with us, expressing an interest in any of our services such as buying, selling, letting or renting a property through us) for a period of seven years.

Where a transaction has been entered in to and there is a contractual necessity to do so, or where there is a requirement to comply with legal obligations (for example in order to comply with the requirement of the TPO Codes of Practice, both for Sales and Letting Agents, to maintain clear and full written records of transactions for a period of six years and to comply with the Money Laundering Regulations 2017 - requirement to hold records for a period of 5 years).

 

Data Storage

 

All information you provide to us is stored in the UK on our secure (password and firewall protected) servers and all paper based information is also securely stored in our offices.   We have sophisticated anti-virus web protection and filters, firewalls, mail filtering and patch management all in place.

Unfortunately, the transmission of information via the internet is not completely secure and so we cannot guarantee the security of any data sent over the internet between your device and our website. Any such data transmission is at your own risk.

 

Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access, as part of our secure backups and data disaster recovery procedures.

 

Your Rights

 

You have the right to ask us not to process your personal data for marketing purposes, to alter your preferences for the type of marketing content you receive (such as properties for sale, information about related services etc.) or to alter the methods via which you receive marketing correspondence from us (i.e. via email, text, post or phone call).  You are entitled, at any time, to prevent any processing of your data by contacting us at sales@barton-kendal.co.uk or by following the links contained in the correspondence or email.

 

If you wish to amend your details, then please do not hesitate to contact Barton Kendal at sales@barton-kendal.co.uk or telephone the offices in Rochdale (01706) 653214 or Middleton (0161) 643 0777.

 

Personal Data Breaches

 

In order to comply with applicable law, Barton Kendal have implemented procedures to detect, report and investigate personal data breaches.

 

A data breach is defined by the Information Commissioner’s Office (ICO) as;

“A breach of security leading to the destruction, loss, alteration, unauthorised disclosure or, or access to, personal data.”

 

The ICO will be informed of all data breaches which present a high risk to our clients and customer’s rights and freedoms and in line with applicable law, a notifiable breach will be reported within 72 hours of us becoming aware of it. The individual(s) involved will also be informed.

 

Changes to this policy

 

Barton Kendal has pledged to adhere to the fundamental principles of privacy and data protection. We therefore regularly review our privacy statement in order to ensure that it is free of errors and clearly visible on our Website, that it contains appropriate information about your rights and our processing activities, and that it is implemented and is compliant with applicable law. If we make significant changes to this privacy statement, we will inform you by posting a notification on our website along with an updated version of the privacy statement.

 

The right to lodge a complaint

 

If you have a complaint regarding how Barton Kendal have handled your personal data, you have a right to lodge a complaint with a supervisory authority, in this case the ICO, using the contact details below.

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF 

 

Data Protection Compliance – Ian Tweedley FRICS is the companies Compliance Officer in respect of it’s data protection activities.  If you require any further details, then please do not hesitate to contact Ian Tweedley on (01706) 653214 or alternatively via email at ian@barton-kendal.co.uk

 

Our Privacy Policy has been completed to comply with the law in every jurisdiction where we intend to do business.  If you believe that our policy fails to comply with the law of your country, please contact us, but remember that you sue our website at your own discretion.