Privacy Notice

FMS Estate Management Ltd

This privacy notice explains what personal data (information) we hold about you, how we collect it, and how we use and may share information about you during our appointment as managing agent and after it ends. We are required to notify you of this information under the General Data Protection Regulation.

Please ensure you read this notice (sometimes referred to as a “privacy notice”) and any other similar notice we may provide to you from time to time when we collect or process personal information about you. This privacy notice contains important information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

WHO ARE WE

FMS Estate Management Ltd collects, uses and is responsible for certain personal information about you. In doing so we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws. In this privacy notice, references to “we” or “us” means FMS Estate Management Ltd.

As a managing agent FMS Estate Management Ltd provide:

Block and estate management services to residential developments.

Statutory compliance management for blocks of apartments and estates

THE PERSONAL INFORMATION WE COLLECT AND USE

In the course of the performance of our contract as managing agent we collect the following personal information when you provide it to us:

Name, property address, correspondence address, home and mobile telephone numbers, email addresses of leaseholders and tenants.

Name, email addresses, work and mobile telephone numbers, of client contacts.

Details of your visits to our website and which website you came to from ours.

Your comments and service reviews.

The provision of data such as name, address and email address etc is required from you to enable us to perform our contract as appointed managing agent for the block/estate within which you own a freehold or leasehold property. Manage statutory compliance within your block of apartments and/or on your estate.

We will inform you or your Directors or Officers at the point of collecting information from you, whether you are required to provide the information to us.

DATA PROTECTION PRINCIPLES

We will comply with the data protection principles when gathering and using personal information, as set out in our GDPR data protection policy.

THE PERSONAL INFORMATION WE COLLECT AND USE FROM OTHER SOURCES

We also obtain personal information from other sources as follows:

Name, property address, correspondence address, home and mobile telephone numbers, email address and mortgage provider details from:

Previous managing agent on handover

Land registry searches

From solicitors or freeholders during the transfer of ownership or re-mortgage of a property

From arrears management companies

HOW WE USE YOUR PERSONAL INFORMATION

We will typically collect and use this information for the following purposes:

For the performance of a contract you have with our client and pursuant to which we are appointed as managing agent or the performance of our contract with your management company or landlord.

This includes but is not limited to:

The issue of requests for service charge and rent payments and provide you with information about the property you own. This is required under our contractual obligations to our clients being the right to manage company and/or freeholder.

To respond to your queries and any complaints enabling us to respond. We may also keep a record of these queries or complaints to help with any future communication and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to our clients, our legal obligations, our legitimate interest in providing you with the best service and understanding how we can improve our service based on your experience.

To send communications required by law or which are necessary to inform you about our charges to the services we provide you. If we do not use your personal data for these purposes, we would be unable to comply with our contractual obligations.

To process any contractor visits, i.e if you have reported an issue within your property, we may need to ask a contractor to visit your property to establish the cause of the problem. We would need to share your details with this contractor to enable the issue to be resolved. We do this on the basis of our contractual obligations to our clients.

To process contractor visits to your apartment block or estate. We do this on the basis of our contractual obligations to our clients.

To process payments and to prevent fraudulent transactions. We do this on the basis of our legitimate business interests.

If we discover any criminal activity or alleged criminal activity, we will process the data for the purpose of preventing or detecting unlawful acts. Our aim is to protect the individuals we interact with from criminal activities.

To send you relevant, personalised communications by post relating to the management of your development. We will do this on the basis of our legitimate business interest.

To comply with our contractual or legal obligations to share data with law enforcement, i.e. when a court order is submitted to share data with law enforcement agencies or a court of law.

We seek to ensure that our information collection and processing is always proportionate.

WHO WE SHARE YOUR PERSONAL INFORMATION WITH

We routinely share the following categories of personal data:

Name, property address, correspondence address, home and mobile telephone numbers, email addresses, service charge and rent arrears details of leaseholders and tenants.

Name, email addresses, work and mobile telephone numbers, of client contacts such as this personal information may be shared with the following categories of recipients:

i) Operational companies such as contractors or surveyors who are attending your property

ii) Residential Management Company Directors and Freeholder Clients

iii) Insurance companies in relation to your development only

iv) Arrears management companies

v) Handling complaints

vi) Client accountants or solicitors

vii) Your solicitor during the sale of your property

viii) We may share information about fraudulent or potentially fraudulent activity in our premises or systems.

ix) We will share personal information with law enforcement of other authorities if required by applicable law.

This data sharing enables us to perform our contract as managing agent and comply with the law. We also have a legitimate interest to do so as this helps make our services more relevant to you. We only provide the information necessary to perform specific services.

We will not share your personal information with any other third party.

WHERE YOUR PERSONAL INFORMATION MAY BE HELD

Information may be held at our offices, and third-party agencies, service providers, representatives and agents as described above.

We have security measures in place to seek to ensure that there is appropriate security for information we hold including those measures detailed in our GDPR data protection policy.

KEEPING YOUR PERSONAL INFORMATION SECURE

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

HOW LONG YOUR PERSONAL INFORMATION WILL BE KEPT

Whenever we collect or process your personal data, we will only keep it for as long as is necessary for the purpose for which it was collected. At the end of that retention period, your data will be deleted.

REASONS WE CAN COLLECT AND USE YOUR PERSONAL INFORMATION

We rely on the following lawful bases on which we collect and use your personal data:

Contract

We need your personal data to comply with our contractual obligations e.g. we manage your property or development on behalf of our client under the terms of a management agreement or contract. For example: Our client is the party within the lease/transfer document which has the responsibility for looking after the communal areas, services and facilities and we act on their behalf in this respect. The lease or transfer relating to your property provides you to make a service charge or payment to our client and it is this money we use to maintain the development.

Legal compliance

If the law requires us to, we may need to collect and process your data, e.g. we can pass on details of people involved in fraud or other criminal activity to law enforcement.

Consent

In certain situations we can collect and process your personal data with your consent. When collecting your personal data, we’ll always make clear to you what data is necessary in connection with a particular service.

Legitimate Interest

To process payments and to prevent fraudulent transactions. To send you relevant, personalised communications by post relating to the management of your development and to send client Directors or representatives survey and feedback request to help improve our services.

YOUR RIGHTS

Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:

i) Fair processing of information and transparency over how we use your use personal information

ii) Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address

iii) Require us to correct any mistakes in your information which we hold

iv) Require the deletion of personal information concerning you in certain situations

v) To receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations

vi) Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you

vii) Object in certain other situations to our continued processing of your personal information

viii) Otherwise restrict our processing of your personal information in certain circumstances

ix) Claim compensation for damages caused by our breach of any data protection laws

For further information on each of those rights, including the circumstances in which these apply please see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.

If you would like to exercise any of those rights please e-mail, call or write to us at:

FMS Estate Management Ltd

5 Chapel Street

Poulton Le Fylde

FY6 7BQ

Email: [email protected] or: [email protected]

Please ensure we have enough information to identify you e.g. full name, address and property address, proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and tell us the information to which your request relates, including any account or reference numbers, if you have them.

HOW TO COMPLAIN

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.

We do not transfer your data outside of the EEA.

This notice was published on 25/05/2018 and last updated on 31/05/2018.

We may change this privacy notice from time to time but when we do we will inform you.