1. Who we are
Sears Property Ltd (“Sears Property”, “Sears”, “we”, “us” or “our”) is a UK estate and letting agency providing property sales, lettings, property management and related services. Sears Property Ltd is registered in England and Wales under company number 07158638. Our registered address is 9 Crown Row, Bracknell, Berkshire, RG12 0TH. For most of the personal information covered by this notice, Sears Property Ltd is the data controller, which means we decide why and how your personal information is used. Our Data Protection Lead can be contacted at: hello@searsproperty.co.uk This Privacy Policy explains how we collect, use, share, store and protect personal information, and the rights you have in relation to it. We process personal information in accordance with applicable UK data protection and privacy legislation, including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 (PECR), as amended, and other applicable UK legislation.
2. Who this privacy notice applies to
This notice applies to individuals whose personal information we process in connection with our business, including:
- sellers and prospective sellers;
- buyers and prospective buyers;
- landlords and prospective landlords;
- tenants and prospective tenants;
- occupiers and guarantors;
- property owners;
- individuals requesting property valuations;
- people arranging or attending property viewings;
- individuals making enquiries through our website, by telephone, email, social media or in person;
- contractors, suppliers and professional advisers;
- representatives of companies and other organisations;
- individuals who receive marketing or property information from us;
- complainants and other people who correspond with us; and
- other individuals whose information is provided to us in connection with a property transaction or the services we provide.
Separate privacy information may apply to our employees, workers and job applicants.
- The personal information we collect
The information we collect will depend on your relationship with us and the services involved.
Identity information
This may include:
- name;
- title;
- date of birth;
- previous names;
- nationality where relevant;
- copies or details of identification documents;
- photographs or other identity verification information; and
- information required for anti-money laundering, sanctions, fraud prevention, right-to-rent or other regulatory checks.
Contact information
This may include:
- postal address;
- property address;
- email address;
- telephone numbers; and
- other contact details you provide to us.
Property and transaction information
This may include:
- details of properties you own, sell, let, rent or are interested in;
- property valuation information;
- property requirements and preferences;
- viewing records and feedback;
- offers and negotiations;
- sales and tenancy information;
- details of chains and related transactions;
- tenancy and property management records;
- inventories, inspection reports and property photographs;
- maintenance and repair records; and
- correspondence concerning a property or transaction.
Financial information
This may include:
- bank account information;
- payment information;
- rent and deposit information;
- affordability information;
- income and employment details where required for referencing;
- source of funds or source of wealth information where legally required;
- mortgage or financial position information where relevant to a transaction; and
- records of payments made or received.
We will not normally retain full payment-card information where payments are processed securely by a specialist payment provider.
Compliance and verification information
Depending on the transaction and our legal obligations, this may include information gathered for:
- identity verification;
- customer due diligence;
- anti-money laundering checks;
- sanctions screening;
- politically exposed person checks;
- fraud prevention;
- source of funds and source of wealth enquiries;
- beneficial ownership checks;
- right-to-rent checks; and
- other checks required by legislation, regulators or professional standards.
Communications information
This may include:
- emails, letters and messages;
- notes of conversations;
- records of enquiries;
- complaints and feedback;
- communications through our website or social media accounts; and
- telephone call information.
Where we record telephone calls, we will provide appropriate information about this and will use recordings only for legitimate purposes such as quality assurance, training, dispute resolution, compliance or the prevention and detection of fraud.
Technical and website information
When you use our website or digital services, we may collect information including:
- IP address;
- device and browser information;
- website usage information;
- pages viewed;
- referral source;
- approximate location derived from technical information;
- cookie identifiers; and
- information about how you interact with our website and communications.
Further information about our use of cookies and similar technologies is available through our cookie information and cookie controls.
Marketing information
This may include:
- your marketing preferences;
- the types of property or services that interest you;
- your communication preferences; and
- information about your interaction with our marketing communications.
4. Special category and other sensitive personal information
We do not routinely need to collect special category personal information.
However, in some circumstances you may provide us with, or we may need to process, information which is particularly sensitive. This could include, for example, health or disability information where it is relevant to accessibility requirements, housing needs, property management or the provision of our services.
We will only process such information where we have both a lawful basis under the UK GDPR and an additional legal condition permitting us to do so.
Depending on the circumstances, this may include your explicit consent, compliance with legal obligations, establishing or defending legal claims, or another condition permitted by data protection legislation.
We may also process information relating to suspected fraud, criminal activity or regulatory screening where this is necessary and permitted by law, including for anti-money laundering, sanctions and fraud prevention purposes.
We will not collect sensitive information merely because it may be available to us.
5. How we collect your information
We may obtain personal information:
Directly from you
For example when you:
- contact us;
- request a valuation;
- register to buy or rent a property;
- instruct us to sell, let or manage a property;
- arrange a viewing;
- make an offer;
- enter into a tenancy or other agreement;
- complete a form;
- provide identification or financial information;
- communicate with us;
- enter a competition or promotion;
- subscribe to property alerts or marketing; or
- use our website.
From other people or organisations
- Depending on the circumstances, information may be provided by:
- a joint property owner;
- landlord, tenant, seller or buyer;
- family member, representative or authorised person;
- another estate or letting agent;
- solicitor or conveyancer;
- mortgage broker, lender or financial adviser;
- referencing or identity verification provider;
- deposit protection provider;
- inventory or inspection provider;
- contractor or property professional;
- managing agent or freeholder;
- utility or tenancy service provider;
- public authority or regulator;
- fraud prevention, sanctions or identity verification service;
- publicly available source such as Companies House, HM Land Registry or other official registers; or
- another organisation involved in a property transaction.
Where we obtain your personal information from someone other than you, we will provide appropriate privacy information where required by law.
6. Why we use your personal information
We will only use personal information where we have a lawful reason for doing so. The lawful basis we rely upon will depend upon the particular activity.
Providing estate agency services
We use personal information to:
- provide property valuations;
- market properties;
- register buyers and tenants;
- arrange and manage viewings;
- communicate viewing feedback;
- negotiate offers;
- progress sales;
- communicate with parties involved in a property transaction;
- manage sales chains;
- provide lettings services;
- prepare and administer tenancies;
- manage properties on behalf of landlords;
- arrange inspections, repairs and maintenance;
- administer deposits, rent and other payments; and
- provide other services requested from us.
Depending on the circumstances, our lawful basis will normally be:
- performance of a contract, or taking steps at your request before entering into a contract; and/or
- our legitimate interests in operating an estate and letting agency and providing an effective service to our customers.
Legal, regulatory and compliance requirements
We use personal information where necessary to comply with legal and regulatory requirements, including:
- anti-money laundering and counter-terrorist financing requirements;
- proliferation financing requirements;
- sanctions requirements;
- customer due diligence and identity verification;
- beneficial ownership checks;
- source of funds or source of wealth checks where required;
- right-to-rent requirements where applicable;
- tax and accounting obligations;
- responding to regulators, courts, law enforcement bodies and other public authorities;
- maintaining records required by law; and
- complying with other legal and regulatory responsibilities applying to our business.
The lawful basis for this processing will generally be compliance with a legal obligation. In some cases, our legitimate interests in preventing fraud, protecting our business and ensuring regulatory compliance may also apply.
Enquiries and customer service
We use personal information to:
- respond to enquiries;
- communicate with you;
- deal with complaints;
- provide customer service;
- resolve disputes; and
- maintain appropriate records of our dealings with you.
Our lawful basis will normally be performance of a contract, steps taken before entering into a contract and/or our legitimate interests in managing our business and providing good customer service.
Protecting our business and preventing fraud
We may use personal information to:
- verify identity;
- prevent and detect fraud;
- protect customers, properties and our business;
- establish, exercise or defend legal claims;
- investigate disputes or suspected wrongdoing;
- maintain network and information security; and
- protect our legal rights.
Our lawful basis will normally be our legitimate interests, compliance with legal obligations, or both.
Managing contractors and property maintenance
Where we manage a property, we may use and share relevant information in order to:
- arrange repairs;
- arrange maintenance;
- obtain quotations;
- provide contractors with access;
- deal with emergencies;
- manage safety inspections; and
- fulfil our responsibilities to landlords and tenants.
Our lawful basis will normally be performance of a contract, compliance with legal obligations and/or our legitimate interests. We will only provide contractors with the personal information reasonably required for the particular job.
Improving our services and running our business
We may use information to:
- monitor service quality;
- train our staff;
- analyse business performance;
- improve our website and services;
- administer our IT systems;
- maintain security;
- conduct internal audits;
- obtain professional advice; and
- manage the sale, purchase, restructuring or transfer of all or part of our business.
Our lawful basis will normally be our legitimate interests in operating, protecting, improving and developing our business.
Where our business or assets are sold, transferred, reorganised or acquired, personal information may be disclosed to prospective or actual purchasers, sellers, professional advisers and other relevant parties where appropriate, subject to suitable confidentiality and data protection safeguards.
7. Our legitimate interests
Where we rely on legitimate interests, we consider whether the processing is necessary for a genuine business purpose and balance those interests against your rights and interests.
Our legitimate interests may include:
- operating and developing our business;
- providing effective estate agency, lettings and property management services;
- maintaining relationships with customers and prospective customers;
- responding to enquiries;
- improving customer service;
- maintaining accurate business records;
- preventing fraud and misuse of our services;
- protecting our staff, customers, systems and property;
- managing complaints and disputes;
- establishing and defending legal rights;
- improving and measuring the performance of our website and services; and
- carrying out appropriate marketing.
You may contact us if you would like further information about how we have assessed our legitimate interests in a particular situation.
8. Marketing and property communications
We may contact you with information about properties or services that we believe may be relevant to you.
We distinguish between communications that are necessary to provide a service you have requested and direct marketing.
Where the law requires your consent for marketing, we will obtain it.
In other circumstances we may send marketing where permitted by law, including where the requirements of the electronic marketing rules under PECR are satisfied.
For example, where legally permitted, we may contact an existing or prospective customer about our own similar services where:
- we obtained their contact details directly in connection with a sale or negotiation for a sale of our services;
- the marketing relates to similar services; and
- we provided a clear opportunity to opt out when the details were collected and in each subsequent marketing communication.
We may also rely on legitimate interests for certain forms of marketing where this is permitted under data protection law, but legitimate interests do not override separate consent requirements under PECR.
You can ask us to stop sending direct marketing at any time by:
- using the unsubscribe option provided in our electronic marketing;
- contacting the relevant branch; or
- emailing hello@searsproperty.co.uk.
Stopping marketing will not prevent us from sending service-related communications that are necessary in connection with a property, transaction, tenancy, contract, legal obligation or enquiry.
We may retain minimal information about individuals who have opted out of marketing so that we can ensure their preference continues to be respected.
9. Cookies, website analytics and similar technologies
Our website may use cookies, pixels and similar storage or access technologies.
Some technologies are necessary for the website to operate and may not require consent.
Where consent is required by law, for example for certain analytics, advertising or tracking technologies, they will not be used unless the required consent has been obtained.
Our cookie controls provide further information and allow you to manage available choices. Changing or withdrawing cookie consent will not affect the lawfulness of processing carried out before the change.
10. Who we share personal information with
We do not sell personal information.
We may share personal information where necessary with appropriate third parties involved in delivering our services, administering our business, facilitating a property transaction or complying with our legal obligations.
Depending on the circumstances, these may include:
- buyers, sellers, landlords, tenants, occupiers and their authorised representatives;
- other estate and letting agents;
- solicitors, licensed conveyancers and other legal advisers;
- surveyors and valuers;
- mortgage brokers, lenders and other financial service providers;
- property referencing providers;
- identity verification, anti-money laundering, fraud prevention and sanctions-screening providers;
- inventory clerks and property inspection providers;
- maintenance contractors, tradespeople and other property service providers;
- deposit protection providers;
- utility, council tax and tenancy administration service providers;
- insurers and insurance intermediaries;
- banks and payment service providers;
- accountants, auditors and tax advisers;
- debt recovery and legal services providers;
- IT, CRM, telecommunications and technical support providers;
- website, hosting, cloud storage and cybersecurity providers;
- email, messaging and communications platforms;
- marketing, analytics and customer relationship service providers;
- document storage, signing and administration providers;
- professional advisers and consultants;
- HM Revenue & Customs;
- HM Land Registry;
- local authorities;
- regulators and supervisory bodies;
- courts, law enforcement agencies and other public authorities where legally entitled to receive the information; and
- prospective or actual purchasers, investors or advisers in connection with the sale, acquisition, merger, restructuring or transfer of our business or assets.
Some organisations receiving information will act as processors, handling personal information on our instructions.
Others will act as independent data controllers because they determine for themselves how personal information must be used.
Where another organisation processes personal information on our behalf, we require appropriate contractual, confidentiality and security protections in accordance with applicable data protection law.
We only share information that is appropriate for the purpose concerned.
11. International transfers
Some of the organisations that provide technology, cloud, communications, analytics or other services to us may process personal information outside the United Kingdom.
Where this results in a restricted international transfer under UK data protection law, we will ensure that an appropriate legal mechanism is in place.
Depending on the circumstances, this may include:
- transferring information to a country or organisation covered by UK adequacy regulations;
- using an applicable recognised data protection framework;
- using the UK International Data Transfer Agreement;
- using the UK Addendum to approved standard contractual clauses; or
- another safeguard permitted by UK data protection law.
Where required, we also assess whether the protections surrounding the transfer are sufficient.
You may contact our Data Protection Lead if you would like further information about the safeguards applying to a particular international transfer.
12. How long we keep personal information
We do not keep personal information indefinitely simply because it may be useful in the future.
We retain information for as long as reasonably necessary for the purpose for which it was collected, including to:
- provide our services;
- fulfil contractual obligations;
- comply with legal, tax, accounting and regulatory requirements;
- meet anti-money laundering and other record-keeping obligations;
- deal with complaints or disputes;
- establish, exercise or defend legal claims; and
- prevent fraud and protect our business.
We maintain retention arrangements appropriate to different categories of records and periodically review the information we hold.
Retention periods will vary according to the type of information and the circumstances.
For example:
- records that must be retained under anti-money laundering legislation will be kept for the period required by that legislation;
- contractual and transaction records may normally be retained for an appropriate period after completion or termination to reflect applicable legal limitation periods and the possibility of legal claims;
- tenancy and property management records will be retained for an appropriate period after the tenancy or management relationship ends;
- financial and accounting records will be retained for the period required by applicable tax and accounting legislation;
- unsuccessful or general enquiries will not normally be retained longer than reasonably necessary for the enquiry and any legitimate follow-up;
- direct marketing information will be retained while it remains relevant and lawful to use; and
- where somebody asks us not to send marketing, we may retain limited suppression information so that we continue to respect that request.
Where information is no longer required, we will delete, securely destroy or anonymise it as appropriate.
In certain circumstances information may need to be retained for longer, for example because of ongoing legal proceedings, a regulatory requirement, a complaint, suspected fraud or another legitimate legal reason.
13. If you do not provide personal information
Where we need personal information in order to:
- enter into or perform a contract;
- progress a property transaction;
- perform required identity, anti-money laundering or other regulatory checks; or
- comply with another legal obligation,
we may be unable to provide or continue the relevant service if you do not provide the information required. We will only request information that we reasonably believe is necessary for the relevant purpose.
14. Automated decision-making and profiling
We may use technology to assist with administrative tasks, searches, property matching, fraud prevention, identity verification, referencing or other aspects of our services.
We do not make solely automated decisions that produce legal or similarly significant effects on individuals unless this is permitted by law and appropriate safeguards are provided.
If we introduce processing involving solely automated decision-making that has a legal or similarly significant effect on you, we will provide the information and safeguards required by law, including where applicable the ability to obtain human intervention, make representations and challenge the decision.
We may use limited profiling to help identify properties, services or communications that may be relevant to your stated interests or previous interactions. You may object to profiling where it is carried out for direct marketing purposes.
15. Keeping personal information secure
We take appropriate technical and organisational measures to protect personal information against:
- unauthorised access;
- accidental loss;
- destruction;
- alteration;
- inappropriate disclosure; and
- other unlawful processing.
Our measures may include access controls, authentication, staff training, system security, secure backups, contractual safeguards and appropriate procedures for handling suspected data breaches.
Access to personal information is limited to staff, contractors and service providers who have a genuine need to use it and who are subject to appropriate confidentiality or contractual obligations.
No system can guarantee absolute security, but we regularly consider the risks associated with the information we process and the safeguards appropriate to those risks.
16. Your data protection rights
Depending on the circumstances and the lawful basis on which we process your information, you may have the following rights.
The right to be informed
You have the right to receive clear information about how your personal information is used. This Privacy Notice is part of how we meet that obligation.
The right of access
You can ask us for a copy of personal information we hold about you and certain information about how it is being used. This is commonly called a subject access request.
The right to rectification
You can ask us to correct personal information that is inaccurate or complete information that is incomplete.
The right to erasure
In certain circumstances you can ask us to delete personal information. This right does not apply in every situation. For example, we may need to retain information to comply with a legal obligation or establish or defend legal claims.
The right to restrict processing
In certain circumstances you can ask us to restrict the way we use your information.
The right to data portability
Where the legal requirements are met, you may have the right to receive certain personal information in a structured, commonly used and machine-readable format or ask us to transmit it to another organisation.
The right to object
You may have the right to object where we process personal information on the basis of legitimate interests or for certain other purposes. You have an absolute right to object to the use of your personal information for direct marketing. If you object to direct marketing, we will stop using your information for that purpose.
Rights relating to automated decisions
Where a solely automated decision produces legal or similarly significant effects and relevant legal protections apply, you may have rights including receiving information about the decision, making representations, challenging it and obtaining human intervention.
The right to withdraw consent
Where we rely upon your consent, you may withdraw that consent at any time.
Withdrawal does not affect processing lawfully carried out before consent was withdrawn, and it does not prevent us from continuing to process information where another lawful basis applies.
Not every right applies in every situation. We will explain if a particular right does not apply to your request.
17. How to exercise your rights
To exercise a data protection right, please contact:
Data Protection Lead Sears Property Ltd 34 Falcon Way Bracknell Berkshire RG12 8DQ Email: hello@searsproperty.co.uk
You do not have to use any particular wording when making a request.
We may ask you for additional information where reasonably necessary to:
- confirm your identity;
- understand your request; or
- locate the relevant information.
We will not routinely require a passport, driving licence or other formal identity document where your identity can reasonably be verified in another way.
Data protection requests are normally dealt with free of charge and within the period required by law.
Where a request is complex, repeated, excessive or otherwise falls within a legal exception, different rules may apply. We will explain this to you where relevant.
18. Information about other people
If you provide personal information to us about another person, you should ensure that you are entitled to do so and, where appropriate, that they understand how their information may be used.
For example, this may apply where you provide information about:
- a joint property owner;
- joint tenant;
- guarantor;
- family member;
- occupier;
- company director;
- beneficial owner; or
- authorised representative.
Where required, we will provide appropriate privacy information directly to that person.
19. Links to other websites
Our website may contain links to websites operated by other organisations.
We are not responsible for the privacy practices of independent third-party websites.
We recommend reviewing the privacy information provided by any external website or service before providing
20. Changes to this Privacy Notice
We keep this Privacy Notice under review and may update it from time to time to reflect:
- changes to our services;
- changes to the way we use personal information;
- changes in technology;
- changes to our business;
- regulatory guidance; or
- changes in applicable law.
The current version will be published on our website together with the date it was last updated.
Where a change materially affects how we use personal information already held about you, we will take reasonable steps to bring the change to your attention where required.
21. Complaints
If you have a concern about the way we use your personal information, we would appreciate the opportunity to address it first.
Please contact our Data Protection Lead at: hello@searsproperty.co.uk
You also have the right to complain to the UK's independent data protection regulator, the Information Commissioner's Office (ICO).
Information about making a complaint and the ICO's current contact details can be found at ico.org.uk.
You may contact the ICO at any time, although it will generally expect you to have raised your concern with us first where appropriate.
22. Contact us
If you have any questions about this Privacy Notice or how Sears Property Ltd handles personal information, please contact:
Data Protection Lead Sears Property Ltd 34 Falcon Way Bracknell Berkshire RG12 8DQ Email: hello@searsproperty.co.uk