Privacy

CAPSEL LTD – PRIVACY NOTICE

In the day to day running of our business it may sometimes be necessary for us to collect, process and share your personal data with other organisations. As we make decisions about why and how your data is processed under data protection law, we are a “Data Controller” and are registered & regulated accordingly with the Information Commissioners Office (ICO). Our registration number is ZA048449.

 

This privacy notice applies to all Capsel Ltd customers including customers who purchase one of our new homes and explains:

 

  • How we collect personal information
  • What information we may collect
  • What we mean by Special Category personal data
  • Why we process your data & our Lawful Basis for doing so
  • Who we may share data with
  • How we secure your data, how long it is held and your individual rights under the UK GDPR and Data Protection Act 2018

 

We have updated this notice to reflect changes in data protection law, which took effect from 25 May 2018; this document was last updated in February 2023. Any future changes we make to this notice will always be posted here on our website. A paper copy is available on request.

Who are Capsel Ltd?

Capsel Ltd is a wholly owned subsidiary of Monmouthshire Housing Association Ltd (MHA) and forms part of the Monmouthshire Housing Group. MHA is a registered social landlord providing homes and services for around 3,600 tenants and their families in Monmouthshire. Capsel Ltd) (us, we) are a trusted, professional company providing a range of home related services which includes:

 

  • Property Sales
  • Construction & Property Development

 

As a Data Controller we are committed to:

 

  • Using your personal data responsibly and in accordance with the UK GDPR and Data Protection Act 2018.
  • Collecting and using personal data only where it is necessary and proportionate to do so.
  • Deleting personal data that we no longer need.
  • Keeping your data safe and secure.
  • Having a fundamental focus on privacy when planning and developing new systems and services.
  • Being transparent about how we use your personal data and how and why we may sometimes share it with others.
  • Making it easy for you to access and correct your personal information.
  • Training our staff so your personal information is managed in line with the law.
  • Checking that we are adhering to these principles on a regular basis.

How we collect data

Capsel collects personal information about our clients in a variety of ways, including:

 

  • Online and paper forms enable us to market and sell your home or purchase a property
  • Online when you book a property maintenance visit from us.
  • When you register an interest in one of our new build properties via our website or at a sales event or similar
  • Via our website and the use of cookies
  • Via complaints or compliments made about one of our customers/staff by a third party
  • Telephone recordings system when calls are made to our main telephone line Only recorded via the main line Anti Money Laundering Checks

What data do we collect?

The information we collect may include the following dependent on the services provided. Details about you including:

 

  • Names
  • Address
  • Dates of birth
  • Contact Details, (inc. Email and Telephone Numbers)
  • Copies of any relevant identification documents including photographic ID
  • Financial Information, including:
  • Residential status
  • Financial information relating to a purchase
  • Income details
  • Details of your mortgage arrangements, confirmation of how long you have owned the property and details of the source of monies invested in the property when you register to sell or buy with us
  • Bank details
  • Photographs taken of your property, taken for advertising purposes
  • Details relating to your property including photographs, floor plans, energy performance certificate ratings/ home reports, property description
  • Your IP Address

What is meant by “Special Category Personal Data”?

Under Data Protection legislation, certain personal information is also classed as “Special Category Personal Data”. This is any information relating to:

 

  • Your racial or ethnic origin
  • Your political opinions
  • Your religious beliefs or other beliefs of a similar nature
  • Whether you are a member of a trade union
  • Your physical or mental health or condition
  • Your sexual orientation
  • Your commission or alleged commission of any offence
  • Any proceedings for any offence you have committed or are alleged to have committed, the disposal of such proceedings or the sentence of any court in such proceedings

 

Capsel Ltd does not collect any of your Special Category Data.

How we use your data

We use your information for a variety of different purposes, these are listed below:

 

  • The provision of estate agency services to find a property to buy or sell a property on your behalf.
  • To perform ‘know your client’, anti-money laundering and right to rent checks, as required by law.
  • To provide evidence that you have sufficient financial viability to fund your proposed purchase.
  • To protect against and prevent fraud, unauthorised transactions & money laundering.
  • To provide you with property maintenance services as requested by you.
  • To operate, monitor, evaluate and improve our services.
  • To make referrals to financial advisors & solicitors if requested to do so by you.
  • Where you contact us by providing your details through online portals such as Rightmove or Zoopla, we will use the details to provide the services you have requested.

 

This list is not exhaustive, and we may request other information on occasion. This will however only be to enable us to provide services to you

Our Lawful Basis of processing

To conduct business with you or your behalf we will collect data for a number of different reasons and rely on a number of legal basis. These are outlined below.

 

(i) Performance of a contract – this is where the collection and processing of your data is necessary for the performance of a contract to which you are a party, or in order to take steps at your request prior to entering into a contract

 

(ii) Legal obligation – this is where the collection and processing of your data is necessary for compliance with a legal obligation, for example, verification of identity and fraud prevention as well as anti-money laundering regulations or our legal obligations under relevant Housing Legislation

 

(iii) Consent – where we process information under consent we will seek your clear and unambiguous consent before processing your data, for example if you wish to use our recommended financial advisory service or solicitor

 

(iv) Legitimate interests – some information is processed by us in our legitimate interests which include, network and information security, web analytics, and improving core services provided. Please note that this is not an exhaustive list and on occasions another legal basis may apply. Should this be the case will advise you accordingly.

Marketing & Communications

You may register your interest in a property via our website. We will use that data to keep you updated and to occasionally inform you of our future offers and similar homes and developments.

 

From time to time, we may use your information to contact you for internal market research purposes. We may contact you by email, phone or mail, and may use the information to improve the products and services we provide. You may opt out at any time via email or by contacting us direct.

 

The Privacy & Electronic Communications Regulations sit alongside the Data Protection Act & GDPR and outline privacy rights in respect of electronic communications. To find out more about these regulations, please visit https://ico.org.uk/media/for-organisations/guide-to-pecr-2-4.pdf

 

Please note we will never share your information with third parties for marketing purposes.

Call Recording System including collection of bank details

Capsel records all telephone conversations made to and from our main telephone number. The recordings are then used for training and monitoring and are also used to investigate complaints made by customers or staff.

 

We do not record your card details when you supply them over the phone for us to take payments, these are taken via a secure payment line – keep this for reservations and upgrades. Our legal basis for recording calls is:

 

  • Our legitimate interest in resolving complaints and improving our service.

Applying for a job with Capsel Ltd

If you apply for a position with us, you can find full details of how we use your data in the separate Recruitment Privacy Notice on The MHA website:


https://www.monmouthshirehousing.co.uk/wp-content/uploads/2021/05/Employment-privacy.pdf. Part of our recruitment process relies on automated processing. If your application does not meet the minimum standards required for the post it will not be processed any further by the system.

 

You can contact our HR team by calling 0345 677 2277 at any point in the recruitment process for further information or to discuss.

Disability and equality

Our company operates in accordance with the Disability Discrimination Act 1995 and the Equality Act 2010 and, as such we encourage all prospective clients to talk to us about any special accommodation requirements they may have.

Who do we share personal data with?

We will when required, share information with contractors, third parties and other agencies we work with. We will only share information within the bounds of current data protection legislation and will ensure there is a lawful basis to do so. In particular please note as follows:

 

  • We may be legally obliged to share information with Courts or legal professions in some circumstances.
  • We may share information to help detect and prevent fraudulent activity and to comply with anti-money laundering legislation.
  • Financial Advisors if you ask us to do so on your behalf.
  • Legal Professionals acting on behalf of you or a purchaser of your property.

 

Organisations that we share information with will need to process personal data in line with the law and where applicable agree to our specific requirements to process the data.

International Transfers

Capsel Ltd does not transfer data internationally. Where we are aware that third party organisations that we may use do transfer data outside of the European Economic Area, we will ensure adequate safeguards are in place to keep your data protected.

How do we secure your data?

MHA Group has an Information Security Policy & also a Data Protection Policy. These are available upon request.

 

Information held electronically or on paper is stored securely with appropriate controls and higher levels of security around sensitive personal data where applicable. The controls will be appropriate to the nature of the personal data and the level of associated risk.

 

Controls include:

 

  • Security software
  • Paper records being stored in lockable offices or cabinets.
  • Access to information is restricted on a role basis.
  • Strong passwords are set for both network and system access.
  • Regular password changes are enforced.
  • Mobile devices are provided to staff where possible to avoid taking hard copies of information out of the office.

 

Periodic checks are carried out to test the effectiveness of the security controls.

How long do we hold your information?

We keep your information for no longer than is necessary for the purposes it was collected for. The length of time we retain your personal information is determined by operational and legal considerations including Anti-Money Laundering Regulations.

What are your individual rights?

Under data protection legislation you have a number of rights in relation to your personal information:

 

(a) The right to access the personal information we hold on you You have a right to ask us what personal information we hold about you, and to request a copy of your information, free of charge. This is known as a subject access request. We have one calendar month within which to provide you with the information you’ve asked for or tell you why if we cannot provide the information.

 

(b) The right to ask for your personal information to be corrected if you think it is wrong. You have the right to ask us to correct your personal information if you believe it is wrong. We have one calendar month to deal with your request or let you know why if we can’t.

 

(c) The right to erasure (right to be forgotten). You may have the right, in certain situations, to ask us to delete your data. If we are unable to do this for you we will always let you know why.

 

(d) The right to restrict us processing your personal information In some cases, you may be able to ask us to restrict our processing of your data. When processing is restricted, we are allowed to store the information, but not do anything with it.

 

(e) The right to object to processing. You have the right to object to processing where we say it is in our legitimate business interests. We must stop using the information unless we can show there is a compelling legitimate reason for the processing, which override your interests and rights or the processing is necessary for us or someone else to bring or defend legal claims.

 

(f) The right to withdraw consent. Whenever you have given us your consent to use your personal information, you have the right to change your mind at any time and withdraw that consent. If the basis on which we are using your personal information is your consent, then we must stop using the information.

 

(g) The right to data portability. The right to data portability allows you to obtain and reuse your personal information for your own purposes across different services. It allows you to move, copy or transfer personal information easily from one IT environment to another in a safe and secure way. The right only applies to personal information you have provided to us where the reason we are relying on to use the information is either your consent or for the performance of a contract. It also only applies when processing is carried out by us using automated means which does not apply in our case.

 

(h) The right to object to automated decision making. You have the right to object to us making a decision about you which is made by automated means only.

 

As outlined above, automated decision making does form a part of our recruitment process.

 

Please note that additional exceptions apply to a number of these rights and not all will be applicable in all circumstances.

 

Further detail regarding your rights can be found at: https://ico.org.uk/.

If you would like to exercise any of the above rights, please contact us at: dpo@monmouthshirehousing.co.uk .

 

You can also write to our Risk & Business Assurance Manager, at our HQ address below. Please provide as much detail as you can about your request and specifically what personal information you want to access. We will endeavour to respond fully to the request within one month of receipt.

 

If we are unable to do so for any reason we will contact you with reasons for the delay. If we are not able to fully complete your request (due to conditions set out by the UK General Data Protection Regulations and Data Protection Act 2018) we will explain why.

Contacting Capsel Ltd

If you have any queries or concerns connected to our use of your personal data or any other data protection questions not already covered in this notice, please contact us on: dpo@monmouthshirehousing.co.uk

 

You can also write to us at our HQ:

 

Risk & Business Assurance Manager

 

Nant Y Pia House
Mamhilad Technology Park
Mamhilad
Monmouthshire
NP4 0JJ

 

Our Data Protection Officer is:

 

GDPR Sentry Ltd
Unit 434 Birch Park
Thorp Arch Estate
Wetherby
West Yorkshire
LS23 7FG

 

Tel: 0113 804 2035

 

email: info@gdprsentry.com

Contacting the regulator

If you feel that your personal information has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal information, you have the right to make a complaint to the Information Commissioner’s Office. You can contact them by:

 

Calling 0303 123 1113 Or by writing to:

 

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

 

Online: www.ico.org.uk/concerns

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