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t: +350 200 40041      e: info@chestertons.gi

Privacy policy

Chestertons Gibraltar is the trading name of Buckingham Properties (Gibraltar) Limited, registered at Suite 41/42 Victoria House, 26 Main Street, Gibraltar GX11 1AA, with company number 98761.  Chestertons Gibraltar is a professional and highly competent estate agency, committed to protecting and respecting your privacy and acts as the Data Controller in this respect.

Our privacy policy is fully compliant with the EU General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and the Data Protection Act 2004

In line with this regulation, this Privacy Notice sets out the basis on which any personal data we collect from you, or that you provide to us, will be gathered, used, held and processed by us.  Furthermore it explains your rights in relation to this data.

Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as:

“any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

1.  Contacting us about your Personal Data

Should you wish to speak with us regarding this Privacy Notice or how we treat your Personal Data, please contact our data protection/compliance representative:

Name: Lisa Kilkenny
Email: lisa.kilkenny@chestertons.gi
Telephone: +350 200 40041

2.  What Personal Data do we collect? 

Information you give us

You can give us information about you by filling in forms on our website http://www.chestertons.gi/ ("our site") or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you contact us to arrange a valuation, search for properties and request any other information about our services.

We may ask you to complete surveys that we use for research purposes, although you do not have to respond to them. If you contact us, we will keep a record of that correspondence in accordance with our retention schedule.

Information we collect about you

We only collect the Personal Data from you that is necessary for us to carry out the tasks expected of us effectively and for the greatest ease of communication with you.

This data that we hold varies according to our business relationship with you and your requirements, however it may comprise of any of the following:

• Contact information - name, address, telephone numbers, email address.

• Service requirements - if you are a potential, purchaser or tenant we will request details about the type of property you are interested in buying or renting, this will include your budget and buying position and may include personal information to help us identify properties that are suitable for your needs.
If you are a potential vendor or landlord, we will request details about the property in question and will request personal information for the purpose of fulfilling our obligations to let or sell your property.

• Identity information: where appropriate we will need to obtain identification documentation including proof of address and proof of ownership of the property. We may also request source of funds, employment contracts, proof of income and references.

We may receive personal data about you from various third parties:

Contact and service requirement information from:
• Rightmove based inside the EU
• Zoopla Property Group based inside the EU
• Gibproperty.gi based inside the EU
• Propertygibraltar.com inside the EU
• Twitter based outside the EU
• Facebook based outside the EU
• Chatra based inside the EU
• Airbnb based outside the EU
• Tripadvisor based outside the EU
• Holiday Lettings based inside the EU
• Chestertons International based inside the EU

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. You can ask us to rectify or update your personal information at any time by emailing us at info@chestertons.gi or by calling us on +350 200 40041.

Chestertons is committed to operating its business in a transparent and open manner consistent with our legal and regulatory obligations. In accordance with the Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) obligations under the Proceeds of Crime Act (2015) (POCA), we are required to obtain evidence pertaining to our client’s/applicant’s' identity and, where appropriate, obtain proof of ownership of property and source/destination of funds, prior to entering into a business relationship. We are required to hold this documentation for a minimum of 6 years.

Identity documents we may collect could include but are not limited to:

• Current signed passport
• Valid UK driving licence
• EEA member state identity card
• Utility bill
• Bank statement
• Tenancy agreement
• Certificate of Incorporation
• List of beneficiaries

3.  How will we use your data

Personal details such as name, address, email, telephone number etc are used for communication with you and are included in legal contracts if appropriate.

Other personal information collected is used to carry out our services in relation to your property search, your property sale or rental, property management or the reason for which you first contacted us. It is also used in respect of our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us or to provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about.

Your property details are used to describe and market to potentially interested parties. These details can appear on social media channels and marketing or other publications, on our website and on third party websites such as Zoopla and Rightmove etc.

For those renting properties, proof of income and references will usually be requested as a security check for our landlords. This information may be seen by the landlord you are renting from.

Where we are managing a property, we may need to pass personal information to third party contractors whom we have engaged to carry out inventories, meet and greets, maintenance or cleaning services.

Technical information including Internet Protocol (IP) address maybe used to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; to improve our website to ensure that content is presented in the most effective manner for you and for your computer; to allow you to participate in interactive features of our service, when you choose to do so; as part of our efforts to keep our website safe and secure; to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant product information to you.

You have the opportunity to ‘opt-in’ and give your express consent to receiving our regular newsletter publication ‘Gibraltar Property News’ and other property related news items, such as off plan development launches or changes to tax rates etc. You can choose to ‘opt-in’ via the link at the end of this Privacy Notice.

We may process your personal data for a different purpose and without your consent where it is necessary for us to comply with our legal obligations.

For details of any third parties which may receive your data, see section 8. Disclosure.

4.  Our legal basis for collecting this data  

We will use this information to carry out our obligations arising from any contracts entered into between you and us, whether verbally or in writing.  On the basis of legitimate interest we will use this information to: provide you with the information, products and services that you request from us; to provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about; to provide you with information about goods or services we feel may interest you. 

5.  Special categories of personal data

Chestertons Gibraltar do not collect any of the following list of ‘special categories’ of data, as classified by the GDPR:

• Racial
• Ethnic origin
• Political opinions
• Religious beliefs
• Philosophical beliefs
• Trade union membership
• Generic data
• Biometric data
• Health data
• Data concerning a natural person’s sex life
• Sexual orientation

6.  How and where we store this data

Information you provide to us is stored on our secure servers. Unfortunately, the transmission of information from you to us via the internet is not completely secure and although we do our best to protect your data, we cannot guarantee the security of data transmitted to our website. Once we have received your information, we follow strict procedures and take security measures to try to prevent unauthorised access.

In circumstances where we are required to transfer your data to a destination outside the EEA, we will ensure that the data transfer will be conducted in accordance with the GDPR and we will treat the data securely and protect the transferred data in accordance with this Privacy Policy. See 8. Disclosure.

7.  Consent 

7.1 When you enter into a relationship with Chestertons Gibraltar to provide you with standard estate agency services, your implied consent is given for us to use your data in order to fulfill your request for these services.

7.2 You will also be asked if you would like to give your express consent to receiving our regular newsletter publication ‘Property News’ and other property related news items, such as off plan development launches or changes to tax rates etc.

If you not longer wish for Chestertons Gibraltar to provide you with estate agency services (7.1), or you no longer wish to receive our newsletter and other ad hoc communications (7.2), you may withdraw consent from either, at any time, see section 16.  How do I subscribe or unsubscribe to our newsletter and other property news?

7.3 If you are booking a rental via our ‘short lets’ service, you may be asked to give your consent to receiving future emails regarding similar properties/rentals. This is completely optional and consent may be withdrawn at any time.

By providing your consent, you agree that your data may be passed to the third parties, see section 8. Disclosure.

We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. If Buckingham Properties (Gibraltar) Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use http://www.chestertons.gi/terms and other agreements; or to protect the rights, property, or safety of Buckingham Properties (Gibraltar) Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

8.  Disclosure

We may share your personal data with third parties as detailed below for the purposes set out in Section 3 “How will we use your data.”  We have agreements in place with our third parties that restrict their use of your personal data and we only allow third parties to use your personal data for specified purposes and in accordance with our instructions: 

Category

Explanation

External Third Parties

Email marketing service provider acting as a processor based outside the EU, who processors your personal data in order to email you our monthly newsletters and other property related news items.

Inventory report service provider acting as a processor based in the UK who generates inventory reports for managed properties.

Shortlets booking system service provider acting as a processor. Data is securely stored via a third-party data hosting provider (Amazon Web Services) with servers located in Europe and the UK. See Amazon’s GDPR center to know about their approach towards GDPR compliance. Personal data is processed in order to book apartments and facilitate the required services.

Service providers acting as processors based in Gibraltar who provide IT and system administration services and other services to enable us to perform our contract with you.

 

9.  Retention Period

Chesterton’s Gibraltar will process personal data for so long as we are contracted to provide services to you or so long as you consent to receive newsletters and other property related articles from us.

In compliance with the prevailing laws (anti money laundering, proceeds of crime and tax etc.), we are obliged to hold any personal data pertaining to financial transactions for 6 years after the completion of the transactions. After this period, all personal data relating to inactive clients will be deleted.

10.  Your rights as a data subject

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

• Right of access – you have the right to request a copy of the information that we hold about you.
• Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
• Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
• Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
• Right of portability – you have the right to have the data we hold about you transferred to another organisation.
• Right to object – you have the right to object to certain types of processing such as direct marketing.
• Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
• Right to judicial review - in the event that Chestertons Gibraltar refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in section 11. Complaints, below.

Should a third party be involved in processing your data (as stated in 8. Discloser), the above requests will also be forwarded on for action.

11. Requesting information concerning the personal data we hold about you

Any personal data information requests should be made in writing to:

Name: Lisa Kilkenny

Address: Chestertons Gibraltar
20 Ocean Village Promenade
Gibraltar
GX11 1AA

Email: lisa.kilkenny@chestertons.gi

Please include a copy of any 2 of the following types of identification when making a request:

• Valid passport, driving license, birth certificate or utility bill (from last 3 months).

12. Complaints

In the event that you wish to make a complaint about how your personal data is being processed by Chestertons Gibraltar (or third parties as described in 8. Disclosure), or how your complaint has been handled, you have the right to lodge a complaint directly with the Gibraltar Regulatory Authority.

Contact details are as follows:

Gibraltar Regulatory Authority
2nd Floor
Eurotowers 4
1 Europort Road
Gibraltar
GX11 1AA

Telephone: (+350) 20074636
Fax: (+350) 20072166
Email: info@gra.gi

13.  Cookies 

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website. You can read our cookie policy here.

http://www.chestertons.gi/cookie-policy

14.  Links

Our website or emails may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

15.  Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and where appropriate, notified to you by e-mail. 

16.  How do I subscribe or unsubscribe to our newsletter and other property news?

If you would like to receive our Gibraltar Property News newsletter and other property related news articles. You can subscribe here (you can unsubscribe at any time in the future if you change your mind).

If you already receive Gibraltar Property News and other property related news articles, but no longer wish to receive them, you can unsubscribe by updating your preferences or simply clicking unsubscribe from the footer of every newsletter. 

If you no longer wish to receive details of any properties which may be of interest to you, you can notify us by clicking on ‘manage your preferences” at the bottom of every property email sent to you or alternatively please notify us by email, at the following address:

cherrelle.elliott@chestertons.gi