Amber Key's Privacy Policy

Data Privacy Policy

Introduction

Amber Key Property Solutions Ltd (referred to as “AKPS”, “We”, “Us”, or “Our” from here forward) understands that your privacy is important to you and that you care about how your personal data is used.  We respect and value the privacy of everyone who visits Our website www.amberkey.co.uk (“Our Site”) and will only collect and use personal data in ways that are described here and in a way that is consistent with Our obligations and your rights under the regulation, the General Data Protection Regulations 2018 (“GDPR”, “the Regulation”).

By providing your Personal Data, you are affirming that you are over 18 years of age.

For the purpose of the General Data Protection Regulations 2018, AKPS are the data controller and are registered with the Information Commissioner’s Office as such with registration number ZB589657.  Please see Amber Key Property Solutions Ltd. - ICO - Registration Page for further details.

Roles and Responsibilities AKPS - ICO - Registration Page

Amber Key Property Solutions Ltd -  Data Protection Officer is: 

Wiktor Swiatkowski (Director) 

Email: w.swiatkowski@amberkey.co.uk

Office Tel No: +44 7442 725 542

In Writing: C/o 109 Academy Place, Isleworth, TW7 5FE, United Kingdom.

Please read this Privacy Policy carefully and ensure that you understand it.  Your acceptance of this Privacy Policy is deemed to occur upon your first use of Our Site.  If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately. 

If you are not happy with any aspect of how We obtain, hold or use your personal data then you have a right to make a complaint to the Information Commissioners Office (ICO) – www.ico.org.uk - We would however prefer that you contact Us first and be given an opportunity to resolve any issue that you might have.

The Regulation defines “personal data” as any information relating to an identified or identifiable natural person (a 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.

This Policy sets out the procedures that are to be followed when dealing with personal data.  The procedures and principles set out herein must be followed at all times by AKPS, its employees, agents, contractors, or other parties working on behalf of AKPS.

AKPS is committed not only to the letter of the law but also to the spirit of the law and places a high premium on the correct, lawful and fair handling of all personal data, respecting the legal rights, privacy and trust of all individuals with whom it deals.

Summary

AKPS will at all times:

1. Be transparent about what information: 
2. We collect 
3. Why we collect it 
4. How we store it
5. Where we store it
6. What we do with it
7. When we dispose it
8. How we dispose it
9. Have measures in place to protect your personal data and keep secure;
10. Respect your rights under GDPR and aim to give you control over your own personal data;
11. Cease communication with you if requested to do so.

1 The Data Protection Principles

This Policy aims to ensure compliance with the Regulation.  The Regulation sets out the following principles with which any party handling personal data must comply.  All personal data must be:

1. Processed lawfully, fairly and in a transparent manner in relation to the data subject.
2. Collected for specified, explicit and legitimate purpose and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.
3. Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
4. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay.
5. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the Regulation in order to safeguard the rights and freedoms of the data subject.
6. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

2 Lawful, Fair, and Transparent Data Processing

The Regulation seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject.  The Regulation states that processing of personal data shall be lawful if at least one of the following applies:

1. The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
2. Processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract.
3. Processing is necessary for compliance with a legal obligation to which the controller is subject.
4. Processing is necessary to protect the vital interests of the data subject or of another natural person.
5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
6. Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

3 Processed for Specified, Explicit and Legitimate Purposes

1. AKPS collects and processes the personal data set out in Part 20 of this Policy.  This may include personal data received directly from data subjects (for example, contact details used when a data subject communicates with us)
2. AKPS only processes personal data for the specific purposes set out in Part 20 of this Policy (or for other purposes expressly permitted by the Regulation).  The purposes for which we process personal data will be provided to data subjects either via our ‘Seller/Investor Information Pack’, which contains a copy of our ‘Client Data Privacy Guide’ or a link to our company Data Privacy, Cookie & Retention Policy either at the time that their personal data is collected via a ‘Contact Us’ section (must tick to indicate they have read), or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.
3. A link to a copy of our Data Privacy, Cookie & Retention Policy is available to at any time, at the bottom of each page of our website: www.amberkey.co.uk.

4 Adequate, Relevant and Limited Data Processing

AKPS will only collect and process personal data for and to the extent necessary for the specific purpose(s) informed to data subjects as under Part 3, above.

5 Accuracy of Data and Keeping Data Up To Date

AKPS shall ensure that all personal data collected and processed is kept accurate and up-to-date.  The accuracy of data shall be checked when it is collected and at 12 monthly intervals thereafter.  Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

6 Data Retention

AKPS shall not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed.  When the data is no longer required, all reasonable steps will be taken to erase it without delay.

For full details of the Companies approach to data retention, including retention periods for specific personal data types held by SPS, please refer to our Data Retention Policy section later in this document.

7 Secure Processing

AKPS shall ensure that all personal data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage.  Further details of the data protection and organisational measures, which shall be taken, are provided in Parts 22 to 28 of this Policy.

8 Accountability

1. AKPS’s Data Protection Officer is Wiktor Swiatkowski (Director) 

Email: w.swiatkowski@amberkey.co.uk

1. The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, AKPS’s other data protection-related policies, and with the GDPR and other applicable data protection legislation.
2. AKPS shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
   1. The name and details of AKPS, its Data Protection Officer, and any applicable third-party data processors.
   2. The purposes for which AKPS processes personal data.
   3. Details of the categories of personal data collected, held, and processed by AKPS; and the categories of data subject to which that personal data relates.
   4. Details (and categories) of any third parties that will receive personal data from AKPS.
   5. Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards.
   6. Details of how long personal data will be retained by AKPS; and
   7. Detailed descriptions of all technical and organisational measures taken by AKPS to ensure the security of personal data.

9 Data Protection Impact Assessments

AKPS shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data, which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the Regulations.  

Privacy Impact Assessments shall be overseen by AKPS’s data protection officer and shall address the following areas of importance:

1. The types of personal data that will be collected held and processed.
2. The purpose(s) for which personal data will be used.
3. The Companies objectives.
4. How personal data is to be used.
5. Any parties (internal or external) who may be consulted.
6. The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed.
7. Risks posed to data subjects.
8. Risks posed both within and to AKPS; and
9. Proposed measures to minimise and handle identified risks.

10 The Rights of Data Subjects

The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):

1. The right to be informed (Part 11);
2. The right of access (Part 12);
3. The right to rectification (Part 13);
4. The right to erasure (also known as the ‘right to be forgotten’) (Part 14);
5. The right to restrict processing (Part 15);
6. The right to data portability (Part 16);
7. The right to object (Part 17);
8. Rights with respect to automated decision-making and profiling (Parts 18 and 19).

11 Keeping Data Subjects Informed

1. AKPS shall ensure that the following information is provided to every data subject when personal data is collected:
   1. Details of AKPS including, but not limited to, the identity of Wiktor Swiatkowski (Director), its Data Protection Officer;
   2. The purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 20 of this Policy) and the legal basis justifying that collection and processing;
   3. Where applicable, the legitimate interests upon which AKPS is justifying its collection and processing of the personal data;
   4. Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
   5. Where the personal data is to be transferred to one or more third parties, details of those parties;
   6. Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Part 28 of this Policy for further details concerning such third country data transfers);
   7. Details of the length of time the personal data will be held by AKPS (or, where there is no predetermined period, details of how that length of time will be determined);
   8. Details of the data subject’s rights under the Regulation;
   9. Details of the data subject’s right to withdraw their consent to AKPS’s processing of their personal data at any time;
   10. Details of the data subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation);
   11. Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it;
   12. Details of any automated decision-making that will take place using the personal data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions and any consequences.
2. The information set out above in Part 10.1 shall be provided to the data subject at the following applicable time:
   1. Where the personal data is obtained from the data subject directly, at the time of collection;
   2. Where the personal data is not obtained from the data subject directly (i.e. from another party):
      1. If the personal data is used to communicate with the data subject, at the time of the first communication; or
      2. If the personal data is to be disclosed to another party, before the personal data is disclosed; or
      3. In any event, not more than one month after the time at which AKPS obtains the personal data.

12 Data Subject Access

1. A data subject may make a subject access request (“SARs”) at any time to find out more about the personal data which AKPS holds about them.  AKPS is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests, and in such cases the data subject shall be informed of the need for the extension).
2. All subject access requests received must be forwarded to Wiktor Swiatkowski (Director) AKPS’s Data Protection Officer.  Email: w.swiatkowski@amberkey.co.uk.  
3. AKPS does not charge a fee for the handling of normal SARs.  AKPS reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

13 Rectification of Personal Data

1. If a data subject informs AKPS that personal data held by AKPS is inaccurate or incomplete, requesting that it be rectified, the personal data in question shall be rectified, and the data subject informed of that rectification, within one month of receipt the data subject’s notice (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).
2. In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification of that personal data.

14 Erasure of Personal Data

1. Data subjects may request that AKPS erases the personal data it holds about them in the following circumstances:
   1. It is no longer necessary for AKPS to hold that personal data with respect to the purpose for which it was originally collected or processed.
   2. The data subject wishes to withdraw their consent to AKPS holding and processing their personal data.
   3. The data subject objects to AKPS holding and processing their personal data (and there is no overriding legitimate interest to allow AKPS to continue doing so) (see Part 17 of this Policy for further details concerning data subjects’ rights to object).
   4. The personal data has been processed unlawfully.
   5. The personal data needs to be erased in order for AKPS to comply with a particular legal obligation.
2. Unless AKPS has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).
3. In the event that any personal data that is to be erased in response to a data subject request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

15 Restriction of Personal Data Processing

1. Data subjects may request that AKPS ceases processing the personal data it holds about them.  If a data subject makes such a request, AKPS shall retain only the amount of personal data pertaining to that data subject that is necessary to ensure that no further processing of their personal data takes place.
2. In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

16 Data Portability

1. AKPS processes personal data using automated means:
   1. Zoho CRM – Customer Relationship Management system
   2. Zoho Email – Automated Email Response System
   3. Zoho Bookings – Automated Telephone call booking system
   4. Xero – Send Invoices for payment
   5. NimBox – File transfer system
2. Where data subjects have given their consent to AKPS to process their personal data in such a manner or the processing is otherwise required for the performance of a contract between AKPS and the data subject, data subjects have the legal right under the Regulation to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers, e.g. other organisations).
3. To facilitate the right of data portability, AKPS shall make available all applicable personal data to data subjects in the following format(s):
   1. Exported data in csv file format;
   2. Access to AKPS Registration Agreements, Documents & Forms via upon request, Google Drive shared access to file;
   3. Copies of AKPS Registration Agreements, Documents or Forms – Word Document(s) – Email or WeTranser (Data Owner choice).
4. Where technically feasible, if requested by a data subject, personal data shall be sent directly to another data controller.
5. All requests for copies of personal data shall be complied with within one month of the data subject’s request (this can be extended by up to two months in the case of complex requests in the case of complex or numerous requests, and in such cases the data subject shall be informed of the need for the extension).

17 Objections to Personal Data Processing

1. Data subjects have the right to object to AKPS processing their personal data based on legitimate interests (including profiling), direct marketing (including profiling).
2. Where a data subject objects to AKPS processing their personal data based on its legitimate interests, AKPS shall cease such processing forthwith, unless it can be demonstrated that AKPS’s legitimate grounds for such processing override the data subject’s interests, rights and freedoms; or the processing is necessary for the conduct of legal claims.
3. Where a data subject objects to AKPS processing their personal data for direct marketing purposes, AKPS shall cease such processing forthwith.

18 Automated Decision-Making

1. In the event that AKPS uses personal data for the purposes of automated decision and those decisions have a legal (or similarly significant effect) on data subjects, data subjects have the right to challenge to such decisions under the Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from AKPS.
2. The right described in Part 18.1 does not apply in the following circumstances:
   1. The decision is necessary for the entry into, or performance of, a contract between AKPS and the data subject;
   2. The decision is authorised by law; or
   3. The data subject has given their explicit consent.

19 Profiling

AKPS does not use personal data for profiling purposes.  If it did the following would apply:

1. Clear information explaining the profiling will be provided, including its significance and the likely consequences;
2. Appropriate mathematical or statistical procedures will be used;
3. Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
4. All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling (see Parts 22 to 28 of this Policy for more details on data security).