Baker Estates

Privacy/Cookies/Terms

Privacy

This is the Privacy Notice for Baker Estates Limited issued in accordance with the General Data Protection Regulation (GDPR) – please read through the detail carefully.

1. Introduction

This Privacy Notice is to let you know how we handle your personal data. This includes what you tell us about yourself, what we learn by having you as a customer, and the choices you give us about what marketing you want us to send you. This Privacy Notice explains how we do this and tells you about your privacy rights and how the law protects you.

Your personal data is any information relating to you from which you can be identified.

This notice sets out:

  • how we will process any personal data that we collect from you and what it will be used for,
  • the information that you are entitled to receive from us when we collect your personal data and
  • your rights under the General Data Protection Regulation (GDPR) in connection with the way we handle your personal data.

Where you provide personal data about another person this Privacy Notice will also apply to that data so please show it to that person. This Privacy Notice applies to any personal data which you may provide to us in person, over the telephone, by e-mail, on our website and/or by post. This Privacy Notice also applies to any personal data which we may collect from third parties about you and/or which we may collect when you access our website and/or in the course of our relationship.

You can choose not to give personal data. We may need to collect personal data by law, or under the terms of a contract and/or relationship that we have with you. If you choose not to give us this personal data, it may delay or prevent us from meeting our obligations to you. It may also mean that we cannot perform services so we cancel a reservation, product or service you have with us.

Wherever we refer to “processing” of personal data in this Privacy Notice this includes any combination of the following activities: collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

This Privacy Notice only applies to personal data collected by or on behalf of Baker Estates via the company’s website or by any other means. The company’s website may from time to time contain links to and from other websites (support estates agents, partner networks, advertisers and affiliates). If you follow a link to any external website or alternatively reach our website from a third party website, please be aware that these websites will have their own privacy policies, separate from ours, and we therefore do not accept any responsibility or liability for these policies. Please check their policies before you submit any personal data to these websites.

2. Our Promise to You

We promise:

  • To keep your personal data safe and only process it on valid legal basis
  • To keep our records up to date and delete or correct inaccurate personal data
  • Not to keep your personal data after the purpose has ended
  • Not to sell your personal data
  • To give you ways to manage and review your marketing choices at any time

3. Who We Are

Baker Estates Ltd is the trading name of the company. Registered in England & Wales. Company No: 09801842. Registered Office: Baker Estates Ltd, Green Tree House, Silverhills Road, Decoy Industrial Estate, Newton Abbot TQ12 5LZ

Baker Estates, as the company responsible for your personal data is the Data Controller. If different to Baker Estates, we will let you know which company you will have a relationship with, when you take out a product or service with us.

4. Legal Basis for Processing your Personal Data

We need to have a proper reason under the GDPR whenever we process your personal data ourselves or share it with others. These reasons are listed below:

To fulfil a contract we have with you or to take steps at your request prior to entering into a contract with you, or

When it is our legal duty, or

When it is in our legitimate interest or the legitimate interest of a third party except where such interests are overridden by your interests or your fundamental rights or freedoms, or

When you consent to it.

A legitimate interest is when we have a business or commercial reason to process your personal data, but this must not unfairly go against your rights. If we rely on our legitimate interest, we will tell you what that is.

In the section below this one is a list of all the ways that we may process your personal data, and which of the reasons we rely on to do so. This is also where we tell you what our legitimate interests are.

Unless we have your explicit consent to do so, we will not process special categories of personal data revealing any of the following: racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, sex life or sexual orientation.

5. Information we collect and how we collect it

We may collect personal data from you in the following ways:

  • when you make an enquiry, register your interest for current or forth coming Baker Estates new homes developments
  • when you contact us in person, by telephone, by email or by post
  • at the point of reserving a property to purchase from us
  • at the point of purchasing options and extras from us
  • during the process of purchasing a property from us and/or selling a property to us if you are using a third party Part Exchange purchase scheme
  • when you apply for our products and services
  • in customer surveys
  • when you use our services
  • payment and transaction data

We may collect your personal data from third parties we work with including:

Companies that introduce you to us

  • Financial advisers
  • Credit reference agencies
  • Insurers
  • Suppliers of materials and equipment
  • Trade Contractors
  • Comparison websites
  • Social networks
  • Fraud prevention agencies
  • Payroll service providers
  • Land agents
  • Estate Agents
  • Analytics providers
  • Solicitors
  • Surveyors
  • Mortgage providers
  • The National House Building Council
  • Public information sources such as Companies House
  • Agents working on our behalf
  • Market researchers
  • Government and law enforcement agencies.

The type of information we may ask you to provide about yourself and therefore collect includes, but is not limited to:

  • Contact Details: Name, address, post code, contact telephone number (mobile and landline), e-mail address
  • The developments you’re interested in
  • Status of move (First time buyer, house on the market etc.)
  • Budget
  • Financial Details: Your financial position, status and history
  • Socio-Demographic Details: This includes details about your work or profession, nationality, education and where you fit into general social or income groupings
  • Contractual Details about the products or services we provide to you
  • Locational Data we get about where you are, such as may come from your mobile phone or the address where you connect a computer to the internet
  • Behavioural Details about how you use our products and services
  • Technical Details on the devices and technology you use
  • Communications: What we learn about you from letters, emails and conversations between us
  • Social Relationships: What we learn about your family, friends and other relationships that we record from conversation between you and us
  • Open Data and Public Records: Details about you that are in public records, such as the Electoral Register, and information about you that is openly available on the internet
  • Usage Data: Other data about how you use our products and services
  • Documentary Data: Details about you that are stored in documents in different formats, or copies of them. This could include things like your passport, drivers licence or birth certificate.

At the point of reserving a property and continuing through the reservation process from us we may require further information including, but not limited to:

  • National Identifier A number or code given to you by a government to identify who you are, such as a National Insurance, driving licence or passport number
  • mortgage provider
  • financial details for proof of purchase
  • solicitor details
  • deposit amount
  • occupation

If you apply for a shared equity loan we may keep the personal data provided in your Reservation Agreement, loan agreement and personal data obtained from third parties, such as credit reference and fraud prevention agencies to underwrite and manage your loan.

Please note that we may require this information to be able to respond to your enquiry or to provide our services or marketing information to you. You can however at any time tell us to change or remove any personal data or to stop or restrict the processing of your personal data.

6. How we use your Personal Data

We may use the personal data collected/provided by you as follows:

  1. To ensure that content from our website is displayed in the most effective way for you and for your computer/device
  2. To respond to your enquiry
  3. To send you information about similar products and services
  4. To process and manage the sale and/or purchase of properties
  5. To notify utility suppliers and local authorities about purchases and sales of properties
  6. To notify you about changes to our service
  7. To carry out analysis to make improvements to our website and/or services
  8. To measure or understand the effectiveness of advertising we deliver to you and others
  9. To carry out agreements which have arisen from any contracts entered between you and us – for example your purchase of a property and/or options and extras from us or (if applicable) our purchase of your current property using our Part Exchange scheme
  10. To provide the warranties which cover a property purchased from us
  11. To assist you in applying for any government schemes which you have indicated you may wish to make use of
  12. To monitor customer satisfaction on our own behalf and/or for future third party business including processing customer satisfaction surveys
  13. To keep our records up to date
  14. To develop and manage products and services, and what we charge for them
  15. To define types of customers for new products or services
  16. To test new products
  17. To develop and carry out marketing activities
  18. To study how our customers, use our products and services
  19. To develop and manage our brands
  20. To manage how we work with other companies that provide services to us and our customers
  21. To make and manage customer payments
  22. To keep our records up to date
  23. To develop and manage products and services, and what we charge for them
  24. To define types of customers for new products or services
  25. To test new products
  26. To develop and carry out marketing activities
  27. To study how our customers, use our products and services
  28. To develop and manage our brands
  29. To manage how we work with other companies that provide services to us and our customers
  30. To make and manage customer payments
  31. To collect and recover money that is owed to us
  32. To comply with laws and regulations that apply to us
  33. To detect, investigate, report, and seek to prevent financial crime and fraud
  34. To manage risk for us and our customers
  35. To respond to complaints and seek to resolve them
  36. To run our business in an efficient and proper way. This includes managing our financial position, business capability, planning, communications, corporate governance, and audit
  37. Our legal basis under the GDPR for each of these purposes are as follows:

LEGAL BASIS

USE STATED ABOVE

To fulfil a contract that we have with you or to take steps at your request prior to entering into a contract with you:

4, 5, 9, 10, 21, 22

To comply with our legal duty:

5, 13, 23, 24

It is in our legitimate interest or the legitimate interest of a third party except where such interests are overridden by your interests or your fundamental rights or freedoms:

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27.

We have your consent to it:

2, 4, 5, 11, 17, 23, 26.

Where we have stated above that our grounds are that we have your consent, we will understand your consent to have been given when you expressly accept these terms. You can withhold or withdraw your consent at any time using the contact details for the DPO or the Company Secretary in this notice.

Where we don’t have your express consent we may base our processing of your personal data on any other basis that applies.

If we intend to use your personal data for any other purpose not stated above we will first notify you of the intended use and the legal grounds.

You can choose if you’d like us to contact you for marketing purposes and with information regarding our products and services at the point this information is collected – this can be done by checking or unchecking the relevant boxes as directed. If you no longer wish for us to communicate with you, you can:

  • click the ‘unsubscribe’ link at the bottom of emails to stop receiving email communication
  • contact us by post
  • email us
  • by telephone

7. Sharing your Personal Data

We may disclose your personal data to third parties in certain circumstances but we will not sell, rent or trade your personal data.

Your personal data may be transferred outside the UK and the European Economic Area. Some countries have adequate protection of personal data under their laws but where this is not the case we will be responsible for ensuring that appropriate security and privacy safeguards are in place, either by requiring the recipient to have signed up to a recognised international framework of data protection or by contractual obligations.

Where relevant, we may give third party providers who supply services to us, or who process personal data on our behalf, access to your personal data in order to help us to process it for the purposes set out above. When doing so, we will ask them to confirm that their security measures are adequate to protect your personal data.

Within the purposes set out above we may share your personal data with the following third parties:

  • In respect of any property you reserve from us, the sale of the property and/or the purchase of your existing property with a third party Part Exchange scheme, we will share your personal data with estate and managing agents, financial and legal advisors and any relevant mortgage provider, the National House Building Council, utility providers and local authorities
  • With your consent, we will also pass your personal data on to third parties, for example if you ask us to put you in contact with professional advisors
  • We may disclose your personal data to third parties working on our behalf to help us improve our services and products, to request feedback from you on your experiences following development visits.

We may disclose your personal data to third parties 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 contracts with you; or to protect our rights, property, or our safety and/or the safety of our customers, or others.

We may need to confirm your identity before we provide products or services to you or your business. We may also share your personal information as needed to help detect fraud and money-laundering risks. We may use solicitors and other advisers for these purposes. We may allow law enforcement agencies to access your personal data. This is to support their duty to detect, investigate, prevent and prosecute crime.

We may disclose your personal data to third parties in the event that we sell any of our business or assets, in which case we may disclose your personal data to the prospective buyer of such business or assets. If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.

8. How we use your information to make automated decisions

We sometimes use systems to make automated decisions based on personal data we have – or are allowed to collect from others – about you. This helps us to make sure our decisions are quick, fair, efficient and correct, based on what we know. These automated decisions can affect the products, services or features we may offer you now or in the future, or the price that we charge you for them.

Here are the types of automated decision we make:

  • Pricing and approving credit

· We may decide what to charge for some products and services or whether to offer credit-based products or services.

Credit scoring uses data from three sources:

  • Your application form
  • Credit reference agencies
  • Data we may already hold
  • Tailoring products and services.

We may place you in groups with similar customers. We use these to better understand our customers’ needs, and to make decisions based on that understanding. This helps us to design products and services for different customer types, and to manage our relationships with them.

Profiling

We may use personal data to identify recipients for direct marketing by us or by third parties on our behalf. However, we will not sell or rent data.

9. Protecting your information

We will seek to keep your personal data secure by taking appropriate technical and organisational measures against unauthorised or unlawful processing and against accidental loss, destruction or damage.

Only authorised personnel and third parties will have access to your personal data.

If logging on to our website it is your responsibility to protect your personal log in details. You must treat these as confidential and you must not share or disclose your log in details to any other party.

We will retain your personal data for no longer than the period of time needed for the purposes that we collected the data and for as long as we have legal grounds to retain it. There is no fixed period after which all record of your personal data will be deleted because this will depend on the circumstances and the purposes of the processing, but we will ensure to take steps and maintain the policies to keep retention under proper review. We will not seek your consent before deleting any personal data.

If you purchase a Baker Estates new home, we will need to retain your personal data relating to the purchase for 5 years after completion.

10. Changes to this Privacy Notice

Any changes we may make to this Privacy Notice in the future will be posted on this website and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this Privacy Notice.

11. Your Right of access to your Personal Data

You have the right to access your personal data including us providing to you, without charge to you, a copy (which may be in electronic form) of any of your personal data that we are holding or using (referred to as “processing”) or that third parties are processing on our behalf.

We will also provide to you, should you will to request it, the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;

· the recipients or categories of recipient to whom the personal data have been or will be disclosed, including recipients in countries outside the UK or international organisations;

· where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

· if the personal data was not collected from you, any information available to us as to the source of it;

whether the personal data has been subject to automated decision-making, including profiling, and if so information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.

Requests for this personal information or a copy of your data should be obtained in writing, and by enclosing proof of identification such as a copy of your passport, driving licence or other documentation confirming your name and address (for example a utility bill) to be addressed to:

The Head of Finance
Baker Estates Ltd
Green Tree House
Silverhills Road
Decoy Industrial Estate
Newton Abbot
TQ12 5LZ

12. Your Right to Removal or Correction of Personal Data and to Restriction of Processing

You have the following rights under GDPR rulings:

· a right to request us to correct any inaccurate or incomplete data (“Right to rectification”)

· a right to request us to delete any of your personal data. In certain circumstances (for example, where you have purchased a new home from us) we may wish to retain data and if GDPR allows us to do so we will inform you of our grounds (“Right to erasure” or “Right to be forgotten”)

· a right to request us to stop or to restrict any aspect of the processing of your personal data.

In certain circumstances we may wish to continue and if GDPR allows us to do so we will inform you of our grounds (“Right to restriction of processing”).

In each case we will tell you what action we are taking and we will also notify any third party to whom the data has been disclosed.

13. Your Rights Concerning Automated Processing and Profiling

· You have the following rights under GDPR over automated decisions and profiling

· You can ask that we do not make our decision based on the automated score alone

· You can object to an automated decision, and ask that a person reviews it

· You can object to the use of your personal data in profiling or direct marketing.

14. Your Right to Data Portability

You have the right to receive from us the personal data that you have given us in a structured, commonly used and machine-readable format (“Right to data portability”) and/or to have the data sent by us directly to another party. Please note that this right only applies in certain circumstances, which is when we held the data on grounds of your consent or to perform a contract with you or for steps preparatory to such a contract and we were processing that data by automated means.

15. Your Right to Complain to the Regulator

Please let us know if you are unhappy in anyway with how we have processed your personal data. You can contact us on the contact details at the “Contact Us” link on our website or by writing to the Head of Finance at the address given above.

You have the right to lodge a complaint with the Information Commissioners Office (ICO) which is the UK supervisory authority for the processing of personal data. Further details can be found on the ICO’s website.

16. Enquiries and to Exercise your Rights

If you have any questions, or want more details about how we process your personal data, or if you wish to exercise any of your rights you can contact us on the contact details at the “Contact Us” link on our website or by writing to the Head of Finance at the address given above.

Cookies

Our website uses ‘cookies’ - a small file of letters and numbers that are stored on your computer by the websites you visit. We use cookies to improve your user experience by enabling the website to ‘remember’ you, either for the duration of your visit (using a ‘session cookie’) or for repeat visits (using a ‘persistent cookie’), this enables us to show content relevant to you on your next visit. We also use cookies to track usage, analyse trends and gather information on how customers use our website which allows us to improve our website. Cookies are not linked to other personally identifiable information.

Terms

Disclaimer: The copyright and other intellectual property rights in this website belong to Baker Estates. Users are granted a limited licence to copy its content only for purposes directly connected with browsing it (e.g. loading it into a temporary cache).

NOTHING IN THIS WEBSITE IS INTENDED TO BE A REPRESENTATION OR WARRANTY BAKER ESTATES EXCLUDES LIABILITY TO THE FULL EXTENT PERMITTED BY LAW FOR ANY LOSS OR DAMAGE ARISING IN ANY WAY FROM THE CONTENTS OF THIS SITE.

Baker Estates has taken all reasonable care in the preparation of information displayed on this website to ensure that it is accurate but it is intended for guidance only and visitors to the website should always verify information contained therein before placing any reliance on it.

The developments, house types, buildings and other structures depicted are for illustrative purposes only. Prices, designs, materials and layouts vary from plot to plot and are also liable to change without notice. Nothing in this site shall constitute a representation or offer of any kind or an invitation to subscribe for the purchase of securities in Baker Estates. Baker Estates has no control over the sites to which it links and only includes such links for users' convenience. Baker Estates does not endorse the companies to which it links or make any representations about the websites to which it links.

Policy last updated: 10-08-2018