2. Who are we?
Wells McFarlane is the trading name of Wells McFarlane Ltd. When we refer to Wells McFarlane we mean Wells McFarlane Ltd registered at Devonshire House, 26 Bank Street, Lutterworth, LE17 4AG.
3. Why do we collect personal data from you?
Provision of land and property services
We provide a wide variety of land and property services and each service requires a different level of personal data. We will only collect the minimum amount of data to fulfil your request and to meet our legal obligations for the services you require. We may not be able to provide you with the service you require if you decide not to provide the personal information requested.
To inform you of services and property that we believe you may be interested in
We will only do this with your consent. You can withdraw your consent at any time by clicking on ‘unsubscribe’ at the bottom of every email we send to you, or you can email email@example.com in addition you can contact any member of staff at Wells McFarlane and request removal from all future marketing. Where we have sent you property details via email there is a ‘manage your preferences’ link which will allow you to update your marketing preferences directly online.
Application for employment with Wells McFarlane
You may contact us directly to apply for or enquire about employment opportunities, we will collect personal data to progress your enquiry or application.
4. How we collect your personal data
Via our website contact us pages
We will receive any personal information you provide via our website through an email directly to Wells McFarlane.
By visiting our website - Cookies
Cookies are files placed on your computer to collect standard internet log information and visitor behaviour information. This is used to track use of the website and to compile statistical reports on website activity.
For further information please visit www.aboutcookies.org or www.allaboutcookies.org
You can change the settings on your computer not to accept cookies, the above websites can help you to achieve this. However, some parts of our website may not work correctly after you make the changes.
Property marketing websites
We currently use www.boxpodcommercialproperty.co.uk, www.propertylink.estatesgazette.com, www.rightmove.co.uk, www.zoopla.co.uk and www.onthemarket.com to advertise our available properties and land opportunities. All the websites provide you with methods to contact us to enquire about properties of interest. We may receive this personal information you provide via email, through a telephone call or a message you may leave us on our answerphone facility.
Face to face
Postal or other written means
5. What personal data we collect
For example and not limited to:
We collect your name, address, email address and telephone number. These details are recorded on our database so that we can reply to your enquiry.
Pre-contract and property offers
We will request: photographic identification for example your passport or driving licence; proof of address documentation; your date of birth; or financial status. This personal information will be used to confirm your identity in line with our legal obligations.
We may need further personal information when you contract us to provide you with services, for example and not limited to: property sales; lettings; or valuations. The types of information may include: your bank details; employment status; or marital status.
6. Who we share your data with
Wells McFarlane support organisations
There are several contracted companies we use to maintain our crucial business operations. The companies are carefully selected and trusted by Wells McFarlane. These include IT support services, identity verification services, property software providers, accounting software providers, banks, payroll providers, postal services, website developers and marketing companies; they process your personal data as a part of their contract with us.
The property and land industry is required to comply with a variety of legislation, we will meet with all of our legal obligations to disclose your personal data. Some examples of situations where the disclosure may be required are for purposes of fraud investigation, money laundering regulations, by order of a court or by a regulator.
Our terms of business will include the details of external companies we use to meet our legal obligation to confirm your identity prior to providing services; these companies will retain a record of your personal information used in their searches and of the search itself. They may also use the information in the future to assist other companies for verification purposes only. We will provide you with the opportunity to consent to your personal data being used for this purpose.
We will not provide or sell your data to other third parties for their marketing purposes. We do however use contracted third parties to send Wells McFarlane news, marketing or important information. We will ensure you have a clear opportunity to consent to marketing.
7. How long do we keep your personal data for?
We will retain your documentation for as long as you are a client of Wells McFarlane. Due to the nature of the property industry and the length of time legal proceedings can be brought, the maximum length of time we will retain documentation is 12 years after the completion of work for which we are contracted. In addition, if we hold documentation that is legally yours this will be retained indefinitely. When we collect data we will only hold it for as long as is necessary and not longer than 12 years after the completion of our contractual obligation.
8. Lawful grounds for processing
Your data privacy is protected by law, we can therefore only use your data if we have a lawful reason to do so. The reasons that Wells McFarlane may process your information are:
When you give your consent.
If we consider the purpose is in your interest and the processing is necessary for the purpose.
Performance of a contract
In order to fulfil a contract we have with you.
Where we have a legal duty
There are circumstances where we have a legal duty to keep your personal details.
9. How we protect your data
We use trusted contracted third parties to advise on and maintain our IT systems and to ensure our network, data and IT hardware are protected and updated. We maintain an off-site backup of Wells McFarlane network contents to ensure we can restore all information should there be a catastrophic failure of all data held on our server. Should there be a data breach of your personal information we will inform you of the details of the breach and advise you of actions taken to minimise the effects. In addition, we will fulfil our legal obligations to report notifiable breaches to the relevant authority.
10. Your rights
Please contact us in writing or verbally using our contact details below if you wish to action any of your rights detailed in this section.
The right to be informed
The right of access
If you would like access to the personal data held by Wells McFarlane please ensure you make it clear that you are requesting a copy of your own personal data and we will comply within one month of receipt. In most circumstances this will be provided free of charge.
The right to rectification
Individuals have the right to have inaccurate personal data rectified or completed if it is incomplete. We will comply within one month of receipt.
The right to erasure
The right to erasure is also known as ‘the right to be forgotten’. This right is not absolute and only applies in certain circumstances. We will comply within one month of receipt.
The right to restrict processing
The right to restrict processing or to suppress your personal data. This right is not absolute and only applies in certain circumstances. We will comply within one month of receipt.
The right to data portability
You have the right to ask us to transfer the personal information that you have given us to another controller.
The right to object
Individuals have the right to object to the processing of their personal data in certain circumstances.
Rights in relation to automated decision making and profiling
Solely automated individual decision-making, including profiling with legal or similarly significant effects is restricted. Individuals have a right to object to profiling in certain circumstances and the right to challenge and request a review of the decision.
11. Sale of the business
In the event of the sale of Wells McFarlane to a third party or re-organisation of the business, you agree to the transfer of your personal information to the new third party or entity.
12. Sending personal information outside of the EEA
There may be situations where personal data will be transferred outside of the European Economic Area (EEA). For example; if we require your identity to be verified by an organisation outside the EEA; where we use non-EEA companies for processing for example Microsoft Office 365 for email or MailChimp to process our marketing email. We have procedures in place to ensure your data has the same regulatory protection as if it were being processed within the EEA.
13. External links
14. How to report concerns regarding the handling of your personal data
Firstly please contact us using the details provided below ‘How to contact us’, we take your data protection concerns seriously and need to know the details of your concern so that we can make the necessary alteration to our policies, procedures and systems. Should you wish to further your concerns please contact the regulator; their contact details are:
Information Commissioner’s Office (ICO)
Telephone: 0303 123 1113
Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
15. How to contact us
Telephone: 01455 559030
Post: Data Protection Officer
26 Bank Street
This policy was updated on the 21st May 2018.