Introduction
The General Data Protection Regulation (GDPR) seeks to protect and enhance the rights of data subjects. i.e our clients We are committed to protecting and respecting your privacy. We take your privacy seriously and will only use your personal information to progress your case and as set out in this privacy notice.
The legal basis for processing your personal data will be to meet our contractual obligations to you and where we also act for your mortgage lender their contractual obligations with us. This data will also be processed to meet our and your legitimate interests and your mortgage lenders legitimate interests.
Who are we
We are Enact Conveyancing Limited (“Enact“ or “we”). Enact are a limited company registered in England & Wales under company number 04702946 and our registered office is at PO Box HK3, David House, David Street, Leeds, West Yorkshire, LS11 5QJ. Our VAT number is: 816779486. Enact is regulated by the Council for Licensed Conveyancers.
In what capacity will we hold information about you
In providing legal services, we will either act as a data controller or a data processor dependent on the source of the data we receive in connection with your transaction.
If you have supplied us information directly we will normally be the data controller and if you have provided the data to another party who then supplies us with the data, such as a Mortgage Lender, the Mortgage Lender will normally be the data controller in relation to the data you have supplied them.
Whether we act as a data controller or data processor we will comply with the GDPR requirements.
What information will we hold about you
Personal information about you, if relevant to enable us to carry out the necessary identity checks and process your case, such as:
• title and full name
• current and new addresses
• date of birth
• telephone number (if you have chosen to provide it)
• your email address (if you have chosen to provide it)
• your mortgage offer
• your IP address (where you use our case tracker – for security purposes)
• your bank details (if you have chosen to provide them)
• a redemption statement relating to a mortgage on your property
• forms of identification such as your passport or driving licence
• office copies of the title to your property (if currently registered)
Information about your business, if relevant, such as:
• name or trading name
• current and previous addresses
• telephone number
• Companies House or VAT registration number
• unique tax reference number
How we will use information held about you
We will use it to process the conveyancing matter we are instructed on such as:-
• a sale of your property
• a remortgage of your property
• a purchase of your new property
• to register your new property at HM Land Registry
• to pay devolved taxes to Welsh Revenue Authority or HMRC.
• to contact third parties where necessary to progress your case. Such as a management company where your title is subject to a restriction requiring their consent
• to liaise with your mortgage broker, mortgage lender, estate agent or other conveyancers involved in the property transaction or a related transaction such as a property chain where necessary to progress your case.
In order to process your transaction we may supply some of your personal information to TransUnion International UK Limited, which is a credit reference agency providing services such as credit risk and affordability checking, fraud prevention, anti-money laundering, identity verification and tracing.
TransUnion will use your personal information to provide services to us and its other clients. We use their services in order to check your identity and prevent criminal activity such as fraud and money laundering. More information about TransUnion and the ways in which it uses and shares personal information can be found in its privacy notice at https://www.transunion.co.uk/legal-information/bureau-privacy-notice
We will also use the information to provide advice and guidance to you where we are acting for you in that capacity.
In some cases we may be required to disclose your personal information to our regulator, to comply with legal requirements and requests from government agencies.
In addition, should you obtain a quote for conveyancing services on our website, we will ask whether you consent to receive further communications from us regarding our products, services or general property industry related information. Should you provide this consent, you can unsubscribe at any time.
Please note we may record calls for regulatory purposes.
What happens if you cannot provide us with personal information
In the event that you are unable to supply us with the personal information we need in order to process your case, we may be unable to complete your case.
What are your rights relating to the use of your data
Under data protection law, you have certain rights around the processing of your data, which depend on the legal basis for collecting your data and the uses made of your data. For all uses made of your data, you have the right to be informed about how we use your data and this notice discharges that obligation.
However, further rights apply in different circumstances, set out below:-
• Right of access – you have a right to request a copy of the information 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 to be held about you to be erased from our records. Please note our regulatory retention period set out below
• Right of portability – you have the right to have the information we hold about you transferred to another organisation
• Right to restriction of processing – where certain conditions apply you have a right to restrict the processing. Please note this may mean we cannot continue with your case
• Right to object – you have the right to object to certain types of process such as direct marketing and automated processing – Please note we will not use your data for these purposes unless you have opted-in to these communications
Will your data be transferred outside the European Economic Area (“EEA”)
On occasions we may transfer your personal information outside the EEA where some case administration is undertaken. Where we make such a transfer, we will take the required steps to ensure your information is protected. Such steps will include placing the party we are transferring personal information to under contractual obligations to protect it to adequate standards.
How long will we retain your information
We are required by our regulator to retain the contents of files relating to all matters for a minimum of six years, except those relating to conveyancing matters (other than the sale of property) which must be retained for a minimum of fifteen years.
Data Storage
Data is stored in Data Centres within the United Kingdom.
How we use Cookies
A cookie is a small file of letters and numbers that is downloaded onto your computer when you visit a website. You can use your web browser to control cookies. These cookies are used to secure sessions and improve access to our websites.
Further information
In the event you wish to make a complaint about how your personal data is being processed by Enact you have the right to complain to the Enact Data Protection Officer. You also have the right to complain to the Information Commissioner’s Office who would normally expect we have been given the opportunity to respond to your complaint within 30 days.
Data Protection Officer
Enact Conveyancing Limited
Cardinal House
David Street
Leeds
LS11 5QJ
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
SK9 5AF
