1. Who we are
1.1. This privacy notice is provided by Southey & Co Limited. It explains what personal data we collect about you, how and why we collect, store, use and share your personal data, your rights in relation to your personal data and how to contact us or make a complaint. By ‘personal data’, we mean information which relates to you as an individual and tells us something about you.
1.2. References to ‘we’, ‘us’ or ‘our’ in this privacy notice are references to Southey & Co Limited.
2. Data protection basics
2.1. This privacy notice applies to our processing in the UK of personal data relating to individuals located in the UK and elsewhere.
2.2. When we process the personal data of these individuals, we are regulated under UK (and sometimes EU) data protection laws and we are responsible as ‘controller’ of that personal data for any processing undertaken by us or our staff for the purposes of those laws.
2.3. The personal data we collect, and the use we make of it, varies depending on our relationship with you. For that reason, this privacy notice distinguishes between our executor customers, beneficiaries, house buyers and viewers, others involved in the house sale process, our suppliers and job applicants. Please be sure to read the sections of the privacy notice which relate to you.
2.4. Under data protection law, we can only use your personal data if we have a permitted legal basis for doing so, for example:
- Where you have given consent
- For the performance of our contract with you or to take steps at your request before entering into a contract
- To comply with our legal and regulatory obligations
- For our legitimate interests or those of a third party.
A legitimate interest is when we have a business or commercial reason to use your data, so long as this is not overridden by your own rights.
We explain in section 4 below our legal bases for using your personal data.
3. Personal data we collect about you
The information we collect about you depends on who you are and will generally be provided by you, your employer or by businesses involved in the property sale process. If you are a job applicant, we may also collect your personal data from employment agencies, previous employers, educational establishments, other referees and publicly available sources such as LinkedIn or social media. If we contact you for marketing purposes or to source contractors, we may have obtained your personal data from publicly available sources.
The information we collect may include:
For all individuals
- Name, date of birth, gender, contact details (telephone number, email address, postal address)
- Information about your company and role (if you are a professional executor), appointment and the progress of your executorship
- Information relating to the services we provide to you
- Information required for identity and anti-money-laundering checks
- Bank account details
- Information about your entitlement under the deceased’s will or on intestacy
- Information about the property including its description, photographs, condition, value and sale price
For house buyers and viewers
- Information about the property including its description, photographs, condition, value and purchase price
- Information about the purchase process including viewings, offers, negotiations and funding including buyers’ ability to pay
- Financial information to enable payment of our fees where applicable
- Information required for identity and anti-money-laundering checks
For our suppliers
- Information about your employer and role
- Your billing, transaction and payment information
- Information to enable us to check and verify your identity
- Information to enable us to undertake credit or other financial checks on you
- Your supplier history.
For job applicants
- Your qualifications, employment history and other information contained in your curriculum vitae
- Other personal data provided by you.
For website users
- Information about how you use our website (from Cookies)
- Information contained in enquiries submitted to us via our website
4. How and why we use your personal data
The table below explains what we use your personal data for and our legal basis for doing so:
|What we use your personal data for||Our legal basis|
|To contact and communicate with you To provide you and others with our services To administer payments and collect fees To administer our accounts with you or your employer regarding the provision of goods and services to us To assess your suitability for a job and to contact you in relation to that job.||For the performance of our contract with you or to take steps at your request before entering into a contract For our legitimate interests or those of a third party|
|To provide information requested by law enforcement or regulatory bodies To check and verify your identity and comply with our professional, legal and regulatory obligations including in relation to money laundering||To comply with our legal and regulatory obligations|
|To communicate with other parties involved in the valuation and sales process For operational reasons, such as maintaining and improving efficiency and training, management of our business, physical and information security and maintenance of internal records||For the performance of our contract with you or to take steps at your request before entering into a contract For our legitimate interests or those of a third party To comply with our legal and regulatory obligations|
|To contact you regarding our services To keep you updated with news and other matters that we think will interest you||For our legitimate interests or those of a third party|
5. Who we share your personal data with
We routinely share your personal data with:
- Other organisations involved in the services we provide including professional executors, solicitors, insurers, estate agents, lenders, property expense funders, valuers, surveyors, independent financial advisers, maintenance contractors, buyers, viewers and sellers
- Our advisers and service providers including Cloud-based storage providers, IT support providers, telecoms providers, third party property viewing and maintenance services, accountants, lawyers, our bank, payment service providers, marketing agencies or website hosts
- Where appropriate with employment agencies, previous employers, educational establishments and referees
- Law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations
- Potential buyers of some or all of our business or during a restructuring. Usually, information will be anonymised but this may not always be possible, however, the recipient of the information will be bound by confidentiality obligations
- Any third party to whom we assign or transfer our business.
6. Whether information has to be provided by you, and if so why
If you are a customer, the provision of your personal data is necessary primarily to enable us to provide you with our services. We do not require you to provide us with your personal data but if you choose not to, it may have an impact on our ability to provide you with our services in part or at all.
If you are a supplier, we need your personal data to contract with you/your employer for the supply of products or services and to facilitate payments between us. We cannot contract with you without that information.
If you are applying for a job with us, we need your personal data to consider your job application. Without it we cannot consider hiring you.
7. How long we keep your personal data for
We keep your personal data for no longer than necessary for the purposes for which it was collected.
Generally this will be for seven years after the end of our relationship with you unless we are required by law to adopt a longer retention period, or we need the information for longer to respond to any questions, complaints or claims made by you or on your behalf.
If you are a job applicant:
- We will keep your personal data for a maximum of two years from the date when you first contact us in relation to a job
- If you are accepted for a job, your personal data will be kept in accordance with our Privacy Notice for Staff.
If we process your personal data to send you marketing communications, we will keep it for as long as you are happy to hear from us. If you object to receiving marketing communications from us, we will stop contacting you.
When it is no longer necessary to retain your personal data, we will anonymise or securely delete it.
8. Transferring your personal data outside the UK
8.1. To deliver our services to you, it is sometimes necessary for us to share your personal data outside the UK.
8.2. To comply with UK data protection law, we will only make these transfers
- Where the UK government has decided the recipient country ensures an adequate level of protection for personal data (known as an ‘adequacy regulation’)
- Where the recipient individual or organisation has entered into a contract containing terms approved by the EU/UK in which they agree to protect your privacy rights (known as ‘Standard Contractual Clauses’)
- Where this is necessary for the performance of a contract between you and us or the implementation of pre-contractual measures taken at your request
- Where this is necessary for the performance of a contract entered into by us and a third party in your interests
- With your explicit consent.
9. Your rights
You have the following rights, which you can exercise free of charge.
|Access||The right to be provided with a copy of your personal data|
|Rectification||The right to require us to correct any mistakes in your personal data|
|To be forgotten||The right to require us to delete your personal data – in certain situations|
|Restriction of processing||The right to require us to restrict processing of your personal data – in certain circumstances, for example if you contest the accuracy of the data|
|Data portability||The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party – in certain situations|
|To object||The right to object: at any time to your personal data being processed for direct marketing purposes in certain other situations to our continued processing of your personal data, for example processing carried out for the purpose of our legitimate interest.|
|Not to be subject to automated individual decision making||The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.|
For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the UK GDPR.
If you would like to exercise any of those rights, please
- email us – for our contact information, see How to contact us below
- let us have enough information to identify you
- tell us know what right you want to exercise and the information to which your request relates.
10. Keeping your personal data secure
We have robust security measures in place across all company IT systems to protect your personal data from being accidentally lost or used or accessed unlawfully. These include multi-factor authentication on all our devices, email filtering and managed endpoint protection, physical security measures and staff training. Our staff are all also subject to a duty of confidentiality.
11. How to complain
We hope that we can resolve any query or concern you may raise about our use of your information, see How to contact us below.
The UK GDPR gives you the right to lodge a complaint with the Information Commissioner who may be contacted at https://ico.org.uk/concerns or by telephone on 0303 123 1113. If you live or work in the EU or EEA, you can also complain to your local supervisory authority.
12. Changes to this privacy notice
We may change this privacy notice from time to time so please check it periodically.
13. How to contact us
Please contact us by email if you have any questions about this privacy notice or the information we hold about you, to exercise a right under data protection law or to make a complaint.
Our email address is Michael.email@example.com