PRIVACY POLICY

At Barleigh Ellis, we collect and hold a specific range of information about our clients and other persons who may be interested in Barleigh Ellis’ services. This privacy policy applies to all Barleigh Ellis’ operations in the European Economic Area and other global locations, and explains the type of information that we process, why we are processing it and how that processing may affect you. This privacy policy is split into the sections listed below. The Glossary section explains what we mean by “personal data”, “processing”, and other terms used in this notice. We may update this privacy policy from time to time, and will post any revised notice on this webpage. When appropriate we may notify you by email or by a notice on our Web site that our privacy policy has been updated although we recommend that you check this webpage regularly. Any changes will be immediately effective upon posting.

 

WHO WE ARE
Barleigh Ellis' parent company is Lieberger S.L. (Spain company number B67595397) located in Rambla de Catalunya 100, 7-1, the primary Data Controller for the purposes of European Union Data Protection Legislation. 

 

HOW AND WHEN WE COLLECT YOUR PERSONAL DATA
Collection directly from you in response to our request.
Most of the personal data we process about you comes directly from you (either in person, over the telephone, on a paper form, by email, or Web site form) for example:

  • when you register to consign a property to Barleigh Ellis;
  • when you agree to sell your property through Barleigh Ellis; 
  • when you ask Barleigh Ellis to perform a property valuation;
  • when you express an interest in a certain property to one of our staff or realty agent specialists;
  • when you subscribe to Barleigh Ellis' Newsletter or Barleigh Ellis Trends Report;
  • when you sign up on www.barleighellis.com to receive news about listings and events exclusively relating to our realty business;
  • when you attend an event hosted or sponsored by Barleigh Ellis.


DATA COLLECTION WHEN YOU TELEPHONE US, REQUIRE CUSTOMER CARE, VISIT OUR OFFICE OR OUR WEB SITE

Some of your data provided will be recorded when you contact our customer care team, and when you require post closing customer care services.

Your image may be collected by Barleigh Ellis if you attend our premises. We use CCTV at our office for the protection of our staff, our visitors and the property portfolio that we manage. 

We collect data about your computer when you visit our Web site, which includes your internet address, your operating system and browser version. We use this information for administration purposes, to help diagnose issues with our servers and to administer our Web site as well as to monitor and improve the user experience.

We also collect data about you through “cookies”. A “cookie” is a small text file that is stored on your computer or mobile device by our Web site’s server which allows our Web site to remember your previous preferences or requests if they are still valid. You can learn more details about “cookies” in the Cookies Policy dedicated webpage.

 

COLLECTION OF DATA FROM OTHER SOURCES
We may also obtain information about you and/or the property you visited or wish information about from other sources, for example:

  • when someone informs Barleigh Ellis that you are authorised to buy on their behalf or visit their property;
  • when someone introduces you to Barleigh Ellis (including when they use a Web site feature to email you details of a property that they believe may interest you);
  • when we research properties and we find information about you in sources such as newspapers, articles, catalogues, public records, or one of our contacts provides Barleigh Ellis with feedback in relation to properties or persons they have been told about.

 

WHAT PERSONAL DATA DOES BARLEIGH ELLIS PROCESS AND WHY?

We have set out below the types of personal data that we process, the purposes for which we use it and the legal grounds on which we process it. An additional Glossary contains more information about the legal grounds for said processing.

 

Legal grounds for processing

A. Performance of a contract
To provide you with requested services -for example- valuations, rental, selling, loan referral, newsletter subscription, relocation, or legal advice.

Examples of personal data (note that this list is not exhaustive):

  • name, title, and contact details (including email address, postal address, telephone numbers)
  • your bank account details (if we need to pay or charge you) or payment card details or bank transfer receipt (if you need to pay us)
  • the person or organisation who has introduced you, and any fee they receive
  • details of the property to which the services relate
  • nature of the services including contractual terms
  • details of your insurance if your property remains at your risk
  • records of your communications with Barleigh Ellis (including instructions recorded over the telephone or online)

B. Compliance with a legal obligation
To evidence our compliance with legal requirements, (for example, knowing our clients and preventing money-laundering, payment of taxation and customs duties, anti-discrimination) and cooperate with regulators, enforcement authorities and the courts.

Examples of personal data (note that this list is not exhaustive):

  • your date of birth, identification documents (including photo) proof of address documents and the results of identification verification checks;
  • The nature of your connection to an organisation (for example, your job title and whether you are a director, shareholder, partner), your source of wealth and whether you are a politically exposed person (PEP) or a family member or close associate of a PEP;
  • details of your past transactions (including any tax paid or tax withheld, and the source of your funds) and/or shipments (including any permits obtained or duties paid);
  • any requirements relating to Barleigh Ellis' obligation to make reasonable adjustments to accommodate a disability or otherwise meet your specific needs;
  • any information relating to a dispute or legal proceeding.

 

C. Legitimate interests
To keep you, our staff, and property on our premises secure.

Examples of personal data (note that this list is not exhaustive):

  • Images from CCTV security recordings.

D. Legitimate interests (for clients who have previously requested or received services) and Consent (for clients who have not requested or received services but have signed up to receive Barleigh Ellis' news online, at an event, by talking to a member of staff)
To provide you with details about upcoming listings, as well as other events or types of property that interest you, and Barleigh Ellis' services.

Examples of personal data (note that this list is not exhaustive):

  • your name, email address and/or postal address;
  • your marketing and communication preferences (in your Barleigh Ellis' account, Barleigh Ellis' online preference centre, or any hard copy or digital sign up).


E. Legitimate interests and public interest
To create and maintain records on properties to assist with checks on state, inventory and prevent fraud, theft or other unlawful activities.

Examples of personal data (note that this list is not exhaustive):

  • your interest in, possession of, or ownership (historic or current) of any relevant estate;
  • allegations of fraud, theft or other unlawful activities relating to a property or service connected to you;
  • communications with the police, courts, regulators or other government or law enforcement authorities in relation to you or your property.

 

F. Legitimate Interests
To monitor the performance of our Web site and make your user experience better.

Examples of personal data (note that this list is not exhaustive):

  • your internet address;
  • your browser version and operating system;
  • the resources you access on our Web site;
  • the data obtained from cookies, web logs and other similar technologies that monitor the use of our Web site and deliver more appropriate delivery of content across platforms.

 

G. Legitimate interests
To monitor your use of our services, train our staff and improve your client or user experience.

Examples of personal data (note that this list is not exhaustive):

  • your complaints, opinions, responses to our surveys or market research;
  • your message tone when you contact Barleigh Ellis' Customer Care Services.

 

WHO GETS TO SEE YOUR PERSONAL DATA?

At Barleigh Ellis

Your personal data will be processed by the company that Barleigh Ellis initially hired and receives it, and may also be transferred to and processed by other companies hired by said companies before reaching Barleigh Ellis. Such companies use EU Commission approved standard contractual clauses to regulate the transfer and processing of data between group companies.

Outside Barleigh Ellis

We do not purposefully transfer your personal data to organisations who wish to use it for their own marketing promotions or other objectives. Your personal data will only be shared with other organisations where it is necessary to enable us to provide you with the services you have requested (for example: we may transfer your data to our bank, payment card acquirers, shippers, warehouses, insurers, experts who help us authenticate or value property, companies that perform identification, anti-fraud and credit checks or screening for sanctions, anti-money laundering and/or negative media purposes, event venues, caterers, catalogue and direct marketing fulfilment and distribution). Where we do so it will be on the basis that these organisations are required to keep the information confidential and secure, and they will only use the information to carry out the hired services. Some of these organisations may be located outside the EEA and you should refer to the section Is any personal data transferred out of the EEA? for more information.

We may also need to retain and disclose certain information about you to appropriate agencies to conduct anti-money laundering and trade sanction checks and to assist with fraud and crime prevention and detection.

If law enforcement or other entities or persons request disclosure of your personal data (such as your, contact details or information about transactions), we will only disclose data if we are satisfied after internal review that we are legally required to do so or that disclosure is necessary to protect our rights or the rights of others and is not prohibited by law.

 

IS YOUR PERSONAL DATA TRANSFERRED OUT OF THE EEA?

Barleigh Ellis may in the normal course of its business transfer some of your personal data outside of the European Economic Area to Barleigh Ellis' partners and representatives, or to other organisations who need to process your data in connection with the services that Barleigh Ellis' provides to you (see Who gets to see my data?). Your data will also be held on Barleigh Ellis' servers located in the USA.

Non-EEA countries offer varying standards for the protection of personal data and your privacy rights and in some cases, these standards are lower than equivalent European Economic Area standards. When we send your personal data outside the European Economic Area, we have in place the European Union Commission approved standard contractual clauses in the form of an appropriate data transfer agreement. More details about typical standard clauses can be found here.

If you have any questions or would like further information about how we make personal data available to non-European Economic Area countries please contact us (see Contact Information below).

 

HOW LONG WILL BARLEIGH ELLIS KEEP YOUR PERSONAL DATA?

Barleigh Ellis will retain your personal data for as long as is necessary to provide any relevant services, maintain business records to satisfy tax, legal and other regulatory requirements, and protect and defend against potential legal claims.

In the context of our research and records on ownership of real estate properties to assist with checks on utilities and building permits, we will keep this data for as long as the record is relevant to our legitimate business interest and the public interest.

 

WHAT STEPS DOES BARLEIGH ELLIS TAKE TO KEEP YOUR PERSONAL DATA SECURE?

Barleigh Ellis will take all reasonable and appropriate steps to protect the security and integrity of all personal information provided via electronic means or otherwise.

We use a variety of security technologies and procedures to help protect your personal details from unauthorised physical and electronic access.

As effective as modern security practices are, Barleigh Ellis cannot guarantee the complete security of personal data held in our systems, nor that that information you supply through the internet or any computer network is entirely safe from unauthorised intrusion, access or manipulation during transmission. Any transmission is at your own risk. Barleigh Ellis will not be liable for any resulting misuse of your personal data.

 

THIRD PARTY WEB SITES

Barleigh Ellis' Web sites may temporarily contain links to other real estate Web sites not operated by Barleigh Ellis. The information you provide to Barleigh Ellis will not be transmitted to such Web sites. However, these other Web sites may collect personal information about you in accordance with their own privacy policy. Barleigh Ellis' cannot accept any responsibility for the privacy practices or content of these Web sites.

 

ACCESS TO YOUR DATA AND OTHER RIGHTS

We try to be as open as we can about the data that we process and recommend you ask us if you have questions about the data we hold on you.

 

SUBJECT ACCESS REQUESTS

If you are a resident of the EU, you have the legal right to make a “subject access request”. If you exercise this right and we process personal data about you by automated means or as part of a Filing System, we are required to provide you with a description and copy of that personal data, and tell you why we are processing it.

 

OTHER RIGHTS FOR EU RESIDENTS

As well as your subject access right, you may have a legal right to have your personal data rectified or erased, to object to its processing, or have its processing restricted.

If you have provided us with data about yourself and the grounds for processing is Contract or Consent (see What personal data do we process and why?), you have the right to be given the data in machine readable format for transmitting to another data controller.

If we are relying on Consent as the grounds for processing your data (see What personal data do we process and why?), you may withdraw consent at any time. This will not affect the lawfulness of Barleigh Ellis' processing of your data prior to your withdrawal.

Please contact us at [email protected] if you would like to exercise any of your rights explained above in relation to your personal data.

 

CONTACT INFORMATION

If you have any queries in relation to Barleigh Ellis' processing of your personal data please contact us at [email protected] You can also phone or email our Customer Care team.

 

COMPLAINTS

If you have any complaints relating to the processing of your personal data, please contact us at [email protected] You can also phone or email our Customer Care team. You may raise a complaint with the UK Information Commissioner (https://ico.org.uk/) or your local regulator if you consider that we have infringed applicable data privacy laws when processing your personal data. This right is without prejudice to any other administrative or judicial remedy you might have.

 

GLOSSARY

Compliance with a legal obligation: Processing is necessary to ensure we comply with legal and regulatory obligations.

Consent: You have given specific consent to the processing of your personal data.

Data Controller: The person who determines the purposes and means of processing personal data.

EEA: The European Economic Area which comprises countries that are members of the European Union and Norway, Iceland and Liechtenstein.

Filing System: It is a structured set of personal data that is accessible according to specific criteria.

Legitimate Interests: Processing is necessary for our or a third party’s legitimate interests in carrying on, managing and administering our respective businesses effectively and properly (except where our or the third party’s interests are overridden by your own interests, rights and freedoms).

Performance of a contract: Processing is necessary to carry out our contractual duties, exercise our contractual rights or otherwise perform our transaction with you, or to take steps at your request to enter a contract.

Personal Data: Any data relating to an identified or identifiable natural person. This can include names, user ID, location data, email addresses, photographs, job applications, purchase history, user account information, opinions, and correspondence to and from an individual.

Processing: Any operation performed on personal data, such as collection, recording, storage, retrieval, use, combining it with other data, transmission, disclosure or deletion.

Public Interest: Processing is necessary for the performance of a task carried out in the public interest.

 

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