Privacy Policy

PRIVACY POLICY AND TERMS OF SERVICE

 

Welcome to Diverseciti UK Ltd’s privacy policy and terms of service. It is important you read this privacy policy so that you fully understand how and why we use your personal data.

When you submit an enquiry with us we will send you a link for you to agree to our privacy policy and terms of service. We will not proceed with providing our services until you have agreed to the privacy policy and terms of service. When you agree, a contract between you and us will come into effect (the Contract).  

The Contract, comprising the privacy policy and terms of service, is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

About Diverseciti UK Ltd

Diverseciti UK Ltd (collectively referred to as “Diverseciti”, “we”, “us” or “our” in this privacy policy) is a commercial property introducer. We are also a commercial estate agent for the provision of commercial property sales. We provide the following services to our customers:

  1.   Commercial Property Introducer – we introduce customers to landlords in the commercial property rental sector and allow landlords to contact you directly; and

 

  1.   Commercial Property Estate Agent – we provide a sales agency service to sellers looking to sell their commercial property.

Diverseciti is not in the business of providing letting services and does not hold itself to be a letting agent in any way for the provision of our services.

 

  1. PRIVACY POLICY
  1. INTRODUCTION

Diverseciti respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you use our services and tell you about your privacy rights and how the law protects you.

Please use the Glossary to understand the meaning of some of the terms used in this privacy policy.

  1.   IMPORTANT INFORMATION AND WHO WE ARE

 

Purpose of this Privacy Policy

 

This privacy policy aims to give you information on how Diverseciti collects and processes your personal data through your use of our services, including any data you may provide through a third-party website (e.g. Zoopla) or which you may provide through our website.

 

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.

 

Controller

 

Diverseciti, is the data controller and responsible for your personal data.

 

Zee Shaan Sattar (Managing Director) is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact Zee Shaan Sattar (Managing Director)  using the details set out below:

 

Email address:             info@diverseciti.co.uk

 

Postal address:             58 Swan Street, Manchester, M4 5JU

 

Telephone number:      0161 834 5999

 

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 (www.ico.org.uk). 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 keep our privacy policy under regular review. This version was last updated on 31 October 2018.

 

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

 

Third-party links

 

When we send written communications to you we 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 click on any links, we encourage you to read the privacy policy of every website you visit.

 

  1.   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 depending on the service we are providing to you as follows:

 

Commercial Property Introducing

·         Identity Data includes first name, last name, and title.

·         Contact Data includes, email address (including business email addresses which contain your name), address and telephone numbers.

·         Transaction Data includes details about services we have provided to you.

·         Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

·         Usage Data includes information about how you use our website and services.

·         Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

 

Commercial Property Sales Agent

·         Identity Data includes first name, last name, title, date of birth and may be requested in the form of photographic ID.

·         Contact Data includes, email address (including business email addresses which contain your name), address and telephone numbers.

·         Financial Data includes bank account details, proof of funds, and evidence of source of funds.

·         Transaction Data includes details about services we have provided to you.

·         Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

·         Usage Data includes information about how you use our website and services.

·         Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

 

 

We may also ask you to provide the following details so that we can provide our services to you: business trading name; business registered address; size of office space required; budget; availability times for a viewing; purpose of property use; and any other information we require relating to your enquiry and the service you require. If you fail to provide this information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide our services to you and we will notify you if this is the case at the time.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

  1. 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, to provide you with our services). In this case, we may not be able to provide our services to you and we will notify you if this is the case at the time.

 

  1.   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, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

 

  •         directly request for us to contact you;
  •         apply for our services;
  •         request marketing to be sent to you;
  •         give us feedback or contact us.

 

  •         Automated technologies or interactions.As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.

 

  •         Third parties or publicly available sources.We may receive personal data about you from various third parties and public sources as set out below:

 

  •         Technical Data from analytics providers such as Google based outside the EU.
  •         Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside or outside the EU.
  •         Identity and Contact Data from business partners or which you have submitted via 3rd party commercial property portals such as Zoopla or Right Move, or any other property brokers with which Diverseciti have listed or are marketing properties on behalf of landlords.

.                 Some of our calls may be handled by our third party partner Onhold Studio Connect Ltd, who will handle your data in accordance with their Privacy Policy available herewww.onholdstudio.co.uk/privacy-policy. This policy is supported by their in house Data Protection Policy (OHSPOL006) and they are registered with the Information Commissioner’s Office, Reference No. ZA115080

 

  1.   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 contact you via email, telephone, text message or by any other written form, to provide you with the information and services you request from us.
  •         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.

 

Click here [LINK TO GLOSSARY, LAWFUL BASIS] 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 third party direct marketing communications to you via email, telephone or text message. You have the right to withdraw consent to marketing at any time by contacting us.

 

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 plan to 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.

 

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 

Purpose/ Activity

Type of Data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

 

(a) Identity

(b) Contact

 

Performance of a contract with you

To conduct regulatory checks (for example anti-money laundering checks)

 

(a) Identity

(b) Contact

(c) Financial

 

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

 

To provide our services to you including exchanging personal information between Diverseciti and;

 

(a)  landlords;

(b)  commercial property sellers; or

(c)  business partners

 

  For example, when you enquire about a  property, we    will pass your personal information (including what you searched for) to the landlord or the commercial property seller. When this happens, the landlord or the commercial property seller’s  own privacy policies will apply   to how they use your personal information. We do not control how these parties use and manage your personal data. party We encourage you to read their privacy policies  which you should be able to find on their website or by contacting them

 

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and communications

 

(a) Performance of a contract with you

(b) Necessary for our legitimate interests to operate, improve and protect our business

To manage our relationship with you which will include:

 

(a)  Notifying you about changes to our terms or privacy policy

(b)  Asking you to leave a review

(c)  Contacting you after we have introduced you to a landlord to verify your occupancy at a listed property which you have previously enquired about and to enable you to receive any rewards which we offered at the time of your enquiry

 

(a) Identity

(b) Contact

(c) Marketing and Communications

 

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)

 

To administer and protect our business and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

 

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

 

To deliver relevant website content to you and measure or understand the effectiveness of the advertising we serve to you

 

(a) Identity

(b) Contact

(c) Marketing and Communications

(d) Usage

(e) Technical

 

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

 

To use data analytics to   improve our website, services, marketing, customer relationships and experiences

 

(a)  Technical

(b)  Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

 

To make suggestions and     recommendations to you about goods or services that may be of interest to you

 

(a)  Identity

(b) Contact

(c) Technical

(d) Usage

(e) Marketing and Communications

 

Necessary for our legitimate interests (to develop our services and grow our business)

 

 

 

Marketing

 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

 

  1.   Promotional offers from us

 

We may use your Identity, Contact and Technical 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 products, services and offers may be relevant for you (we call this marketing).

 

You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

 

  1.   Third-party marketing

 

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

 

  1.   Opting out

 

You can ask us or third parties to stop sending you marketing messages at any time by either:

 

  1.         clicking thecommunication preferences linkand checking or unchecking relevant boxes to adjust your marketing preferences;
  2.       following the opt-out links on any marketing messages sent to you; or

iii.       by contacting  

 

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of using our service.

 

Cookies

 

To make sure that we achieve the above objectives, we use cookies and collect your personal data in a number of ways which we have set out below:

 

  1.           Google Analytics –We use Google Analytics to understand how people use our website. We record pages people visit, where they come from and the actions they perform to measure the success of our website. We also use this data to compile reports and look for ways that we can improve our website. You can read further information about these cookies, and how Google safeguard themhere.

 

  1.           Google AdWords –We use Google AdWords to measure the pages that you visit on our website, as well as basic metrics including the number and nature of page URLs viewed, the locations & costs of the offices spaces, and whether you click on or search for specific locations. We also measure the amount of time spent on each page. This information is then used to show targeted banner ads to visitors via the Google Display Network and to customize search ads found in Google’s Search Engines Result Page. All this information is gathered by Google’s Remarketing Tag and is therefore anonymized and aggregated by Google before we can use it for remarketing purposes.

 

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 our website may become inaccessible or not function properly.

 

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.

 

  1.   DISCLOSURES OF YOUR PERSONAL DATA

 

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 5 above:

 

  • External Third Parties as set out in the Glossary.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
  • Some of our calls may be handled by our third party partner Onhold Studio Connect Ltd, who will handle your data in accordance with their Privacy Policy available at www.onholdstudio.co.uk/privacy-policy. This policy is supported by their in house Data Protection Policy (OHSPOL006) and they are registered with the Information Commissioner’s Office, Reference No. ZA115080.

 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

 

  1.   INTERNATIONAL TRANSFERS

 

We do not transfer your personal data outside the European Economic Area.

 

  1.   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.

 

10.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, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see Your Legal Rights below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

 

11.YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under 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. 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 withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

 

If you wish to exercise any of the rights set out above, 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.

12.GLOSSARY

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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us..

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.

External third parties means:

  • Landlords and commercial property sellers based in the United Kingdom for who we are listing or marketing properties for and who are acting as controllers.
  • Service providers acting as processors who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
  • Fraud prevention agencies acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
  1. TERMS OF SERVICE
  1.   It is your responsibility to ensure that:

 

  1.   you co-operate with us in all matters relating to the services we are supplying to you (the Services);

 

  1.   you provide us with such information and materials we may reasonably require in order to supply the Services;

 

  1.   once we have introduced you to a Landlord, upon our request you provide us with the following information:

 

  1.       whether you have entered into a tenancy agreement with the Landlord as a result of our introduction;

 

  1.       the date you enter into such tenancy agreement;

 

iii.        the amount of the rent you are paying under the tenancy agreement;

 

  1.       the dates on which payments under the tenancy agreement are payable, including any deposit payments; and

 

  1.       evidence such a rent statements or invoices from the Landlord.

 

  1.   Property descriptions and other information provided by us are intended for information and marketing purposes and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy, as this information is provided to us by third parties (e.g Landlords). We are solely provide a introduction and/or estate agency service for commercial property sales. It is your responsibility to satisfy yourself as to the accuracy of any property descriptions provided. *Property availability maybe also be subject to change, please call our offices as well as the property landlord to verify; before proceeding with your enquiry and before arranging a viewing.

 

  1.   We are required under the Estate Agency Act 1979 to declare any interest which us, an employee of Diverseciti UK Ltd, or a business associate of Diverseciti UK Ltd, has an interest in any commercial property we are acting as a sales agent for when providing our Commercial Property Estate Agency services. We will declare any interest to you in our marketing materials pertaining to a property.

 

  1.   When providing our Commercial Property Estate Agency services we are required to establish positive identification of our clients under the Terrorism Act 2000, the Proceeds of Crime Act 2002, the Fraud Act 2006 and the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the Money Laundering Regulations 2017). We will request from you, and retain for a period of five years after the conclusion of our business with you, such information and documentation as we require for these purposes and/or make searches of appropriate electronic databases. Before we accept your instructions, we may apply client due diligence measures to confirm your identity and we may use electronic verification for this purpose. We may also need to obtain such evidence after we have begun to act on your instructions. Although a record of our enquiry will be entered on your record it will not affect your credit history. In certain circumstances, we may also take enhanced client due diligent measures to ensure our compliance with the Money Laundering Regulations 2017.

 

  1.   Nothing in this Contract excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

 

  1.   Subject to paragraph 5 above, we shall shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:

 

  1.   any loss of profit;

 

  1.   loss of sales or business;

 

  1.   loss of agreements or contracts;

 

  1.   loss of anticipated savings;

 

  1.   loss of us or corruption of software, data or information;

 

  1.     loss of or damage to goodwill;

 

  1.   loss of reputation; or

 

  1.   any indirect or consequential loss.

 

  1.   Our total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the sum insured for each claim under the professional indemnity estate agents insurance policy held by us in the insurance year in which your claim is first notified. Details of such indemnity insurance policy can be made available to you upon written request.

 

  1.   We may assign or transfer our rights and obligations under the Contract to another entity. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

 

  1.   The Contract is between you and us. No other person has any rights to enforce any of its terms.

 

  1. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

 

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