Terms & Conditions

Estate Agents Torquay

Terms and Conditions

iMove Estate Agents Torquay is a trading name of iMove estate agents; 19 The Terrace, Torquay, TQ1 1BN.
By using this website you consent to the terms and conditions below.

1. Disclaimer Reasonable effort is taken to ensure that the published on this website is accurate,
current and complete at the date of publication, no representatives or warranties are
made (express or implied) as to the accuracy, currency or completeness of such
information. I Move estate agents reserve the right to change the information on this website,
including these terms and conditions, at any time without any notice. It is the
responsibility of the customer to check these terms and conditions for any changes that
may have happened every time they use this website. I Move estate agents provides this website
on an ‘as is’ basis and we make no representations or warranties of any kind with respect
to this website or the content, this includes any text, graphics, advertisements,
measurements, links or other items, and disclaims all such representations and
warranties. Any opinions expressed on this website are not statements of fact. Neither i
Move estate agents or any other contributor to this website make any representation or give any
warranty, condition, undertaking or term either express or implied as to the condition,
quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom
from viruses of the content contained on the website or that such content will be
accurate, up to date, uninterrupted or error free. The customer should not use this
website for financial advice. The information contained on the website is not an invitation
to invest in shares of I Move estate agents and may not be relied upon in connection with any
investment conditions.

2. Indemnity

You hereby acknowledge that you are solely responsible for the use to which you put this
website and all the results and information you obtain from it. All warranties, conditions,
undertakings, representations and terms whether expressed or implied, statutory or
otherwise are hereby excluded to the fullest extent permitted by the law. Save in respect
of liability for death or personal injury arising out of negligence or for fraudulent
misrepresentation, we and all contributors to this website hereby disclaim to the fullest
extent permitted by law all liability for any loss or damage including any consequential or
indirect loss or damage incurred by you, whether arising in tort, contract or otherwise,
and arising out of or in relation to or in connection with your access to or use of or
inability to use this website.

3. Intellectual Property

The copyright in this website and its content belong to I Move estate agents. You may not make
a permanent copy of or reproduce this website or any of its contents in any form. You
may not reproduce or incorporate this website or any of its contents into any other
website. You may only print or cache temporary copies of the content for personal and
non-commercial use only.

I Move estate agents welcomes links to the website from relevant third party websites, however
if we request the link to be removed this must happen within 24 hours. I Move estate agents and
the I Move estate agents logo are trademarks registered in the name I Move estate agents in the UK
and other parts of the world. Reproduction of these trademarks is prohibited. Nothing on
this website should be construed as granting any licence or rights to use or distribute any
site content without written agreement.

4. Interruptions and Omissions in This Service

At I Move estate agents we take every necessity to ensure that the standard of the website
remains high and maintain continuity, the internet is not always stable, and errors,
omissions, interruptions of service and delays may occur at any time. As a result, I Move
estate agents do not take any responsibility or accept any ongoing obligation to operate this
website (or any particular part of it).

When you use the website we anonymously record the details of the pages you look at
but this data is not personally identifiable. We use this data to monitor site traffic and
analyse paths customers take through out site which enable us to improve the service we
provide. This information is only used by us and is not passed to any other party.
We may use IP addresses, URLs of requested resources, timestamps an HTTP user
agents to analyse trends, administer the system and gather broad demographic
information for aggregate use. In addition to this we may use third party services to
monitor your use of our website, including Google Analytics, a web analytics service
provided by Google, Inc. Google Analytics use cookies to help analyse how visitors use
our site. The information generated by the cookie about the use of our website (including
your IP address) will be transmitted to and stored by Google on servers in the United
States. Google will use this information for the purpose of evaluating your use of our
website, compiling reports on website activity and providing other services relating to
website activity and internet usage. Google may also transfer this information to third
parties where required to do so by law, or where such third parties process the
information on Google’s behalf. Google will not associate your IP address with any other
data held by Google. You may refuse the use of cookies be selecting the appropriate
settings on your web browser, however, please note that if you do this you may not be
able to make full use of our website. By using this website, you consent to the processing
of data about you by Google in the manner and for the purposes set out above.

5. Invalidity

If any part of I Move estate agent’s terms and conditions are unenforceable, the enforceability
of any other part of these conditions will not be effected.

6. Links

This website does contain links to third party websites by which I Move estate agents have no
control over. We take no responsibility for the content of the third party websites or for
any losses which may arise out of the use of these websites. I Move estate agents does not
endorse and has no association with the third party sites.

7.Governing Law and Legal Information

Access by you of our website is confirmation that you have understood and agreed to be
bound by all of these terms and conditions. These terms and conditions and your use of
the website are governed by the laws of England and Wales and any disputes arising from
these terms and conditions and your use of this website shall be subject to the exclusive
jurisdiction of the English Courts.

We reserve the right to communicate such personal information as we hold to third
parties which seek to disclosure of it, if we are requested to do so by law. This website is
prepared and issued in the UK and is intended for the information of UK residents only.
Nothing on this website shall be deemed to constitute financial advice and in the event
that you wish to have any such advice, you should contact a financial advisor.

8. Regulation

I Move estate agents is authorised and regulated by the Property Ombudsman.

9.Data Protection Act 1998 (the Act)

I Move estate agents hold the security and privacy of the clients and contractors personal
information at the upmost of importance. We are registered under the Data Protection Act
1998 and any information you supply will be treated in accordance with that act. We
follow strict security procedures in how we store and disclose of the personal information
given to us in order to prevent unauthorised access.

We receive and store any information you enter on our website, or give us in any other
way. We use your contact details to communicate with you, we may also use your
information to send you news about our products and services. Personal Data is held on
our administration database either because of work we have undertaken or are currently
undertaking, or because or customers have informed us they would like to receive
material from us.

In accordance with their rights under the Act, customers may request the amendment of
their personal information help and to cease receiving direct marketing materials. I Move
estate agents does not sell, rent or other deal in the personal information help with third parties.
Information may, in the context of business, move between us ad our contractors, which
may involve the transfer of data outside the European Economic Area and by using this
website the customer consents to such a transfer. Should a transfer of data be necessary,
we will always ensure that all employees of I Move estate agents abide by all security and
privacy policies.

10. Privacy and Cookies

We reserve the right to change, modify, add or remove provisions of this Privacy Policy.
Any changes to this Policy will be shown here, and we recommend that you check this
policy again from time to time.

We at I Move estate agents have security measures in place to protect our customer database
and access to this database is restricted internally. However, it remains you responsibility
to protect against unauthorised access to your log in details. If you open more than one
browser of the same type whist using this website, remember to close down all browser
windows when you finish.

If you share a computer with someone else or use a public internet access then we
recommend to close down all browser windows when you finish and advise you delete
the history. This will help ensure any personal information stored temporarily in the
computer’s memory is lost.

Cookies are a piece of information which is assigned to your computer when you visit a
website. This is used to track information about your visit. I Move estate agents uses cookies
and will send a cookie to your computer. This allows us to recognise you when you visit.
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 site. This includes keeping track of the information you add to our
property fields and products and services you purchase. By remembering this information
we can identify how best to serve you information that you may require. Example – if you
left your property details only half complete, we will store what you have done and display
this when you return. By continuing to use I Move estate agents you consent to our cookie
settings .

We send out an email to customers containing properties that match your search criteria
to the latest email address you supplied to us. To opt of receiving these a customer can
unsubscribe by emailing [email protected]

11. Cancellation Policy

I Move estate agents invests various costs at the outset of a property being instructed to it.
Therefore, refunds will not be entertained where a customer changes their mind or is a
subject to a change of circumstances notwithstanding prevailing legislation including the
Consumer Protection Regulations 2000 whereby commencement of performance of the
contract is deemed to have started once you have paid.

In the event that you need to cancel within 14 days a refund of 50% will be made whereby you have paid any upfront fees
assuming that no excess costs have been occurred by I Move estate agents on your instruction. This does not apply to customers on our no sale, no fee option.
To cancel any on going payments such as our fully managed package you simply email
[email protected] your 28 days notice.

 

 

 

Privacy notice for tenants and guarantors

What this Notice is about

This Privacy Notice tells you what information we obtain and hold about you whether you are initially applying to us for a tenancy or if you become a tenant, resident or guarantor, it explains what information we collect, why we collect it, and what we do with it, as well as who we share it with. We collect and handle personal information about our tenants and residents and prospective tenants and residents along with any guarantors to enable us to provide residential accommodation. This includes dealing with applications for tenancies, checking the suitability of tenants, residents along with any guarantors (including credit, immigration and similar referencing checks), arranging lettings, property management (including dealing with repairs), rent collection, dealing with any complaints, maintaining our accounts and records, tenancy terminations and administering tenancy deposits.

We call this information “your information”. It is also referred to as “data”.

Where this notice is given to more than one person it is given to each of you separately.

If there is no guarantor, please disregard any reference in this notice to guarantor or guarantee.

You should read this notice when you give us information so you are aware of how and why we are using this. Please update us if any information supplied by you changes.

Why we are giving you this notice

We are required by data protection law to give you this notice. We must be open with you about why information is collected about you and then what is done with it. We must act fairly in relation to this information. You have various legal rights relating to this information which are spelt out in more detail in this notice.

If you are already a tenant, resident or guarantor some of the items in this notice may not be relevant to you. Different information will be involved depending on whether you are a tenant, resident or guarantor.

In order that we can collect or use information about you there must be a legal basis or gateway for doing so. This notice identifies the relevant gateway for the various types of information we collect and hold about you. A detailed explanation of these gateways is given in this notice.

Under data protection legislation we can only process data “as necessary” and only to the extent that it is needed. For example, we can use your bank details in connection with payments and other limited purposes only. However, in certain instances, as necessary, we can share any of your data, e.g. with our own professional advisers or letting and managing agents. We may also share any of your data, as necessary, with the police/law enforcement agencies or regulatory authorities.

References to a tenant in this notice also include a guarantor if there is one. This is because a guarantor underwrites a tenant’s obligations so references to your tenancy are to include your guarantee.

The data we collect/hold about you

We use different ways to collect data about you including the information you supply to us when applying for a tenancy/residency. If you fail to provide this information we may not be able to proceed.

As necessary personal data is processed by us (or by any letting/managing agent we retain relating to tenants/prospective tenants/residents/prospective residents/guarantors consisting of the following as applicable :-

  • Identity and contact details including car registration
  • Personal/background information including occupation/status
  • Bank details
  • Verification and credit status
  • Deposit (if any) including return on tenancy termination
  • Tenancy details including renewals, joint tenants, other residents and guarantors
  • Immigration/right to rent checks (England only)
  • Rent and other payments
  • Recovery of arrears, claims or possession proceedings
  • Repairs/health and safety/housing conditions
  • Breach of tenancy terms/nuisance/anti social behaviour
  • Council Tax liability
  • Water charges payable
  • Utilities and services provided
  • Welfare Benefits
  • Termination of tenancy
  • Audio and CCTV recordings (if any)
  • Complaints
  • Insurance
  • Health or disability
  • Emails texts and other communications and via our website where we operate one.
  • Website and online portal information.

We also generate and use data internally, e.g. our rent records.

We also collect and receive data about you from third parties. This may be information given to us by other tenants or residents or neighbours. It can include information from a guarantor where there is a guarantor for your tenancy or from a joint tenant or other residents. Public bodies such as local authorities or the police, or other law enforcement agencies may give us information about you. This can include the Department for Work and Pensions or the local authority where you are receiving Universal Credit or housing benefit. Information may be given to us relevant to Council Tax by the local authority. Utility companies or service providers may also give us personal information about you. Where the property is let or managed on our behalf by an agent the agent will supply us with information about you. We obtain information about you when we carry out credit checks or take up references. We may also receive information from you via websites or from online rental portals such as Openrent, Gumtree or Rightmove. Any information which we receive in this way is set out in the Table to this privacy notice which gives you more details about information which we can receive from third parties.

Sharing data with others

We will share information we hold with others, where this is necessary. When we do this we must comply with data protection legislation. Information can be shared with other landlords including where you apply to another landlord for a tenancy; contractors/ suppliers; utilities and service providers; tradespeople; financial organisations (including banks and insurance companies); debt collection and tracing agents; public and government bodies (including those who administer benefits, such as the Department for Work and Pensions or the local authority); courts; police and law enforcement agencies; taxation authorities; local authorities in relation to Council Tax and regulatory functions; letting and managing agents; and any future owner of the property. We may need to share information with your next of kin etc., e.g. in an emergency. It may be necessary for us to share information with a future owner of the property if we are selling. We also may share information with professional advisers such as lawyers and accountants or an advice agency which involves sharing information about you with them. If you live in a flat we give information to the freeholder, managing agent etc., for the block of flats. We also send notifications to and have correspondence with any tenancy deposit scheme protecting any tenancy deposit which has been paid. In some cases we may be under a legal obligation to provide information either because of the law or because of a contractual obligating binding on us. What we actually share will depend on what is necessary in the circumstances and more details are given in the Table in respect of different kinds of information which we hold about you.

Joint tenants and guarantors

Where you have a tenancy jointly with someone else or there is a guarantor for your tenancy, as necessary, we will share information either with the joint tenant or the guarantor (or both). This relates to your performance of your responsibilities under the tenancy agreement including information about any rent arrears or other breach of the tenancy terms. It can also relate to issues around the termination of the tenancy and any claims we may have as a result.

Immigration/right to rent checks

By law, in England, we are required to check your immigration status before we rent a property to you. This means that you are legally obliged to produce certain documentation (e.g. a passport or driving licence) to us. This applies whether or not you are a UK or EU citizen. Not only are we required to see original documentation but we must take and keep copies of it. We also check this documentation as part of our process to verify your identity at the outset of the tenancy. Prospective tenants and all adult residents who will live at the property have to be checked.

Search engines, websites etc

As necessary, we obtain information about you which is publicly available via search engines such as Google or Facebook and websites. This will include information about you which you yourself made public. Further details are set out in the Table. However, when doing so we make sure that we comply with applicable guidelines under data protection legislation.

Special categories of data/sensitive personal data

In limited situations we will process information about your health or any disability. This data is given special protection under data protection law. Normally we would expect to ask you for your explicit consent before we collect or use this kind of data.

Children

In cases where you rent a property where a child resides information will be given to us about resident children; usually by an adult such as a parent on their behalf. Data protection law requires us to give such information additional protection where we collect or use it. In particular we will need to check on the age of any residents to see whether or not an immigration/right to rent check must be carried out, where the rented property is located in England.

Obligation to process data

Private renting is highly regulated so we are under various legal obligations. These include an obligation to carry out gas safety checks under gas safety legislation. We may need to handle data for this purpose, e.g. to give the contracted gas safety engineer access to the property. If the property is located within the area served by Welsh Water then we are legally obliged to pass over details of your occupancy of the property to enable them to collect water charges. In other areas, in line with Information Commissioner advice, we will pass over details of your occupancy to the relevant Water Company to enable them to collect water charges as it is in their legitimate interests to receive this information.

Legally we must also hold and process information relating to any tenancy deposit which you pay to us including sharing your information with a deposit scheme by which any deposit is protected.

Under any statutory licensing schemes applicable to the property we may be required to give information to the local housing authority relating to your occupation of the property. Similarly, there are various regulatory requirements which may mean that we need to give information about you to public or local authorities or other regulatory authorities.

Utilities

Again, in line with advice from the Information Commissioner we consider that it is in the legitimate interests of utility companies to receive information about occupants of the property to enable them to bill you for utilities (unless these are included within your rent).

Council Tax

Likewise, we notify local authorities of your occupancy relevant to the collection of Council Tax. In any event they are entitled to serve notice upon us requiring this information if they choose to do so.

Why we collect data and the legal basis for processing your personal data

We have to tell you why we collect and hold information about you.

We must also have a legal basis before we are allowed to collect or process your personal data. Processing personal data includes recording, storing, altering, using, sharing or deleting data. We only need one of these “gateways” and for our purposes they are –

  • You consent. Consent may be requested in certain cases, e.g. to obtain a reference but generally we do not rely on your consent to process your personal data..
  • To perform our contract so that we can carry out our responsibilities under the tenancy agreement with you, including anything you request us to do with a view to you becoming a tenant (or resident).
  • Compliance by us with a statutory or other legal obligation.
  • Where this is in your vital interests, e.g. if there is a life threatening situation.
  • Where we are pursuing our own legitimate interests or those of a third party. This will not apply if our interests are overridden by your interests or your fundamental rights and freedoms. We have to carry out a balancing exercise therefore to decide whether we can rely on this gateway to ensure that it applies. In each case we have done this and we do not consider your interests, rights or freedoms outweigh our own or those of the third party concerned.

This notice identifies the relevant gateway applicable in each case. In some cases we will rely on more than one gateway depending on the particular purpose for which we are using your data.

Additionally any data must be processed by us fairly and openly.

Why we process your data

The various purposes for which it may be necessary for us to process various categories of your information include:-

  • In our legitimate interests for deciding on the suitability of a proposed tenant/resident
  • In our legitimate interests for verifying the credit worthiness/suitability of tenants/residents
  • Our legal obligation to check immigration status/right to rent. This is also to verify identities.;
  • To perform our tenancy contract to deal with joint tenants and residents who are linked to the tenancy
  • To perform our contract to complete the tenancy agreement
  • In our legitimate interests to secure rental payments/performance of tenant obligations, e.g. deposits and guarantors
  • For contractual performance for rent collection and collection of other payments including banking details
  • For contractual performance for managing the tenancy and the property
  • For contractual performance and/or in our legitimate interests for record keeping
  • For contractual performance for arranging repairs and maintaining the condition of the property and keeping it in a safe condition.
  • For contractual performance for monitoring and enforcement of tenant responsibilities
  • For contractual performance or in our legitimate interests for recovering debts and other payments due, including any possession proceedings
  • In our legitimate interests for administering liability for Council Tax
  • Our legal obligation (in the Welsh Water area) or otherwise in our legitimate interests and those of the Water company for the payment of water charges
  • In our legitimate interests and those of the provider relating to arranging and paying for utilities and services
  • In our legitimate interests for dealing with welfare benefits (including Universal Credit and housing benefit) where payable in respect of the rent
  • In our legitimate interests in relation to tenancy termination including the return of any deposit
  • In our legitimate interests for processing complaints
  • For contractual performance or in our legitimate interests for dealing with health and disability issues relating to tenants/residents
  • In our legitimate interests for obtaining and holding audio and cctv recordings
  • To perform our legal obligations to provide information to public or local authorities who are legally entitled to require this information.
  • In your vital interests for contacting next of kin etc., in an emergency
  • In our legitimate interests for the storage of emails, records of calls and other communications
  • In accordance with our legal obligations if you exercise your rights under data protection law
  • To perform our legal obligations for compliance with legal and regulatory requirements
  • In our legitimate interests for the establishment and defence of legal rights
  • In our legitimate interests for prevention, detection and investigation of crime and anti social behaviour and the security of any website or other means of electronic communication

We may change the purposes where this is compatible for the purpose for which we obtained the data originally. If we need to use your data for a non compatible purpose we will notify you and explain the legal gateway that allows us to do so. We may process your information without your knowledge where this is required or permitted by law.

More information about what we do with data and why, along with the relevant legal gateway is given in the Table. This also tells you who we share data with and receive it from.

 

Retaining Communications

We will monitor, record and retain your calls, emails, text messages, social media messages and other communications. This is in our legitimate interests to maintain an accurate record of these. This may be necessary to manage your tenancy or the property or to deal with your application for a tenancy or to deal with tenants/residents or prospective tenants/residents/guarantors. We need these records for our ongoing dealings with you, including our data protection obligations.

Length of storage of data

Data can only be stored on a time limited basis and not indefinitely. We will hold personal data about you for the duration of your tenancy and for seven years after your tenancy has ended. This is the statutory limitation period six years plus a further year to allow for service of proceedings should proceedings be commenced later on. We are also required to retain information for up to six years for tax purposes. If your tenancy application does not go ahead then we retain data for one year.

Storage and security of data

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

All our information is stored securely electronically on servers or devices. Certain information is also retained on a secure basis in hard copy format.

Telephone calls

To protect our legitimate interests telephone conversations may be recorded electronically for monitoring and to ensure that we have a record of what is said. You or others may leave messages when calling.

CCTV

When we install CCTV this is for security purposes in cases where we consider that it is in our legitimate interests to carry out such monitoring which must be done in accordance with legal requirements. We may also use CCTV to detect breaches of the tenancy terms, e.g. in the common parts or outside the building. Recordings will be kept for these purposes.

Information legally required under your tenancy agreement

Your tenancy agreement provides that in certain situations you must give us information when asked. This is a legal obligation because it is a contractual requirement. You should refer to the relevant clauses in your tenancy agreement which tell you the situations in which such information must be given.

 

Holding data outside the European Union

Our email account and web provider (if any) is the provider specified in the Table. Our email account is web based. Providers store related data internationally and not necessarily within the European Union. The recipient of this data is the provider concerned. You need to refer to the provider concerned to determine whether or not they have the required clearance (adequacy decision) from the EU authorities or whether or not, instead, there is an agreement containing appropriate and suitable safeguards and to obtain a copy of this agreement.

Your rights

Where we hold personal data about you you are the data subject. Data protection legislation gives you a number of rights. To exercise any of these rights you should contact us. You can do so by email at the address given above or you can telephone us on the number given above. You can also write to us at our address given at the top of this notice. Normally no fee is payable.

In particular you have a right to object to the processing of your information where we are processing this in our own legitimate interests or those of someone else. This applies if you feel that this impacts on your own interests or your fundamental rights or freedoms.

These rights are as follows –

  • Access – you have the right to make a request to be told what personal data we hold about you. This is a right to obtain confirmation that data has been processed and to have access to your personal data and the right to information details which should be provided with the privacy notice.
  • Correction/Rectification – if you consider any data we hold about you is inaccurate you can tell us so that where appropriate this can be corrected. Where a mistake is made in data processing then you can ask to have it rectified. Any third parties who have received the data from us should then be told of the rectification and you should be informed by us of any such third parties.
  • Erasure – you have a right to ask us in certain circumstances to erase any data we hold about you (the so called right to be forgotten). Individuals can request the right to have personal data erased to prevent processing in specific circumstances, i.e. it is no longer necessary, consent has been withdrawn, there is an objection and where applicable your rights etc., override the legitimate interests to continue our processing, or data has been unlawfully processed.
  • You can object to our processing of data – this allows you to object to our processing of data about you. We must then stop processing data unless we can establish legitimate reason for continuing. In particular this applies where we are relying on our own legitimate interests or those of a third party to process data but it can also apply in other situations.
  • Restricting processing – you can ask us to suspend processing of your personal data and we must then restrict processing of data. This includes where you are contesting the accuracy of a statement or the lawfulness of the processing.
  • Data portability – this allows individuals to reuse their personal data for their own purposes across different services allowing them to move, copy or transfer personal data more easily.

Withdrawal of consent

Where your consent provides us with the legal gateway to process data about you you can withdraw this at any time by telling us by email or post using the telephone/addresses given above.

Complaints

We operate our own internal complaints policy and if you have any concerns about the way in which we collect or handle data please contact us.

Additionally, you have the right to lodge a complaint with the Supervisory Authority who is – Information Commissioner Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF www.ico.org.uk