South Kensington Estates Ltd (SKE Ltd) are committed to protecting and respecting your privacy. Below are the guidelines we adhere to for protecting your personal data. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our practices regarding your personal data and how we will treat it. For the purpose of the Data Protection Act 2018 (the “Act”), the data controller is SKE Ltd, whose place of business is Alfred House, 23-24 Cromwell Place, London SW7 2LD.
This notice explains how South Kensington Estates Limited and it’s subsidiaries (referred to in this notice as ‘SKE’, ‘we’, ‘us’ or ‘our’) is a controller for personal data it holds about potential and exiting customers.
This privacy notice is to inform you about:
- The personal data we collect about you
- How we collect personal data
- How we use your personal data
- The legal basis for processing your personal data
- What happens if you withhold personal data that we request?
- How do we share your personal data
- How we keep your information secure
- Your rights in relation to your personal data
- Complaints procedure
Be assured that we treat all personal information as confidential and in accordance with the Data Protection Legislation and your personal information may only be shared with others in accordance with this privacy notice. This privacy notice will be updated if there are any changes to the way in which your personal information is used.
The personal data we collect about you
We collect personal data, which is any information about you from which you can be identified:
- When you contact any member of SKE by telephone, email or post:
- Personal details such as name, title, address, contact number and email address.
- As a residential or commercial tenant:
- Personal details such as name, title, address, contact number and email address.
- Date of birth, nationality and gender
- Personal references, employment details and details of study/education
- Marital status and dependants, and next of kin emergency details
- Information about your health including any health conditions and/or disabilities
- Information about criminal convictions and offences committed by you
- Financial information about you including credit score, bank account details, corporate information including audited accounts
- Any directorships held and shareholder information
- A copy of your passport, and any visa to work and/or reside in the UK
- A copy of utility bills
- Land registry information, home ownership details and any forwarding addresses
- Information relating to any insurance claims
- Identifiers from your passport, driving licence or other ID card, and
- CCTV footage (refer to our CCTV privacy notice) and other information obtained through electronic means such as fobs and swipe cards
How we collect personal data
We collect personal data about you from various sources including when:
- you request information and/or provide feedback, and contact us directly by telephone, email or letter;
- information is provided to us on behalf of your legal advisors and/or representing agents, or credit reference agencies in relation to applying for a tenancy or in relation to an existing lease arrangement;
- we contact you during our relationship term;
- we require your consent and/or permission for building works/maintenance, or access which affects you.
How we use your personal data
We use your information for the following purposes:
- When you contact any member of SKE by telephone, email or post:
- Sending you information that you have requested, and
- To develop, improve and market our services
- As a residential or commercial tenant:
- To carry out background checks relating to you prior to entering into a lease, including anti-money laundering, financial and credit checks
- Managing and administering your lease (in accordance with the terms) and the property to which it relates, including the collection of sums payable under the lease
- To carry out any of our obligations under the terms of the lease including the refunding of your appropriate rent deposit
- The management of any alterations to the property requested by you under the terms of the lease
- When arranging access to your property as and when required, where access is required under the lease or to comply with our legal obligations
- Notifying you about changes to the lease
- Enforcing the terms of the lease
- In respect of any court claim or legal compliance
- Proof of ownership
- Proof of address
- Instructing our approved contractors to carry out any building work and/or maintenance
- Sending you information that you have requested
- To develop, improve and market our services
The legal basis for processing your personal data
Under data protection legislation we are only permitted to use your personal information if we have a legal basis for doing so as set out in the data protection legislation. We rely on the following legal bases to use your information:
- Where we need information to perform the contract we have entered into with you
- Where we need to comply with a legal obligation
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
The table below provides an overview of the data that we collect, the purposes for which we use that data, the legal basis which permits us to use your information and the rights that you have in relation to your information.
| Purpose | Data | Legal Basis | Which rights apply |
| For the prevention of fraud and money laundering | Personal contact details, passport, gender, data of birth, visa, nationality, financial information, personal references, bank account details, corporate information including audited accounts, copy of utility bills | Legal obligation | The general applicable rights plus the right to data portability |
| To carry out any of our obligations under the terms of the lease | Personal contact details, bank details, health information, convictions, marital status and dependants, next of kin details, a copy of utility bills, information relating to insurance claims | Contractual necessity | The general applicable rights plus the right to data portability |
| Arranging access to your property | Personal contact details, health information, marital status and dependants | Contractual necessity | The general applicable rights plus the right to data portability |
| Instructing approved contractors to carry out building works or maintenance | Personal contact details, health information, marital status and dependants | Contractual necessity | The general applicable rights plus the right to data portability |
| Notifying you about any changes to your lease | Personal contact details, health information, marital status and dependants | Contractual necessity | The general applicable rights plus the right to data portability |
| Enforcing the terms of your lease | Personal contact details, bank account details, financial information including credit score, identifiers from your passport, driving licence or other ID card | Contractual necessity | The general applicable rights plus the right to object |
| To obtain consent for any building works which affect an adjacent property | Personal contact details, name, address, telephone number, email address and bank account details | Legitimate interest and legal compliance. It is SKE’s and any neighbouring property owners, tenants, or landlords interests that any building work and/or maintenance is completed for safety and/or aesthetic reasons with minimal inconvenience. | The general applicable rights plus the right to object |
| Complying with any court, legislation or regulation | Personal contact details, health information, information about criminal convictions, a copy of your passport, a copy of your visa, CCTV footage, information relating to your insurance claims | Legal obligation | The general applicable rights |
| Direct marketing | Personal contact details | Legitimate interest. It is SKE’s interest to market to its tenants and potential tenants, who will benefit by being aware of the services that are available to them. | The general applicable rights plus the right to object |
| To develop, improve and market all our services | Personal contact details | Legitimate interest. It is SKE’s interest to undertake this processing to improve the overall quality of its service offering, who will benefit as our services may be enhanced. | The general applicable rights plus the right to object |
Note: the following general applicable rights always apply; right to be informed, right of access, right to rectification, right to erasure, right to restriction and rights in relation to automated decision making.
To note that certain information is classified as “special” data under data protection legislation. This includes information relating to health, racial or ethnic origin, religious beliefs or political opinions, sexual orientation and trade union membership. This information is more sensitive and we need to have further justifications for collecting, storing and using this type of personal information. There are also additional restrictions on the circumstances in which we are permitted to collect and use criminal conviction data. We may process special categories of personal information and criminal conviction information in the following circumstances:
- In limited circumstances with your explicit consent, in which case we will explain the purpose for which the information will be used at the point where we ask for your consent.
- Where you have made the information publicly available
What happens if you withhold personal data that we request?
We need some of your personal information in order to perform and administer our contract with you and to comply with our legal obligations. For example, we need information about your identity to satisfy our money laundering obligations and we need your contact information in order to administer tenancy arrangements.
Where information is needed for these purposes, if you do not provide it, we will not be able to perform our contract with you and may not be able to continue with our relationship. Where this is the case, we will explain it when we collect information from you.
How do we share your personal data
We share your information in the following ways:
- As a residential or commercial tenant:
- Any referencing agencies who will confirm the information you have provided
- Utility companies in respect of the administration and provision of the relevant utility to the property which you are a tenant
- Instructing any of our contractor where work and/or maintenance is required to anything owned and/or managed by SKE
- We may share personal information with our regulators, governmental or quasi-governmental organisations, law enforcement authorities and with courts, tribunals and arbitrators in order to comply with our regulatory and legal obligations
Where we share your personal information with third parties, we ensure that we have appropriate measures in place to safeguard your personal information and to ensure that it is solely used for legitimate purposes in line with this privacy notice.
How we keep your information secure
We store your personal data as set out below:
- Electronically held data on SKE’s business software and systems, that are within a secure cloud environment, in accordance with data protection legislation. Where data is stored in countries outside the UK and the European Economic Area those countries may not offer an equivalent level of protection for personal information to the laws in the UK. Where this is the case we will ensure that appropriate safeguards are put in place to protect your personal information.
- Our ICT systems have appropriate security measures in place including firewalls, passwords and multi-factor authentications.
- Our ICT systems have appropriate audits, permissions and restrictions in place, so that the roles within the business only have access to the personal data they require in order to fulfil their roles.
- We do not directly transfer data overseas.
Your rights in relation to your personal data
You have a number of rights in relation to your personal information, these include the right to:
- Be informed about how we use your personal information
- Obtain access to your personal information that we hold
- Request that your personal information is corrected if you believe it to be incorrect, incomplete or inaccurate
- Request that we erase your personal information in the following circumstances:
- Is SKE is continuing to process personal data beyond the period when it is necessary to do so for the purpose for which it was originally collected
- Is SKE is relying on consent as the legal basis for processing and you withdraw consent
- If SKE is relying on a legitimate interest as the legal basis for processing and you object to this processing and there is no overriding compelling ground which enables us to continue with processing
- If the personal data has been processed unlawfully (i.e. breach of the requirements of the data protection legislation), or
- If it is necessary to delete the personal data to comply with a legal obligation
- Ask us to restrict our data processing activities where you consider that:
- Personal information is inaccurate
- Our processing of your personal information is unlawful
- Where we no longer need the personal information but you require us to keep it to enable you to establish, exercise or defend a legal claim
- Where you have raised an objection to our use of your personal information
- Request a copy of certain personal information that you have provided to us in a commonly used electronic format. This right relates to personal information that you have provided to us that we need in order to perform our agreement with you and the personal information where we are relying on consent to process your personal information.
- Object to our processing of your personal information where we are relying on legitimate interests or exercise of a public interest task to make the processing lawful. If you raise an objection we will carry out an assessment to determine whether we have an overriding legitimate basis which entitles us to continue to process your personal information.
- Not be subject to automated decisions which produce legal effects or which could have a similarly significant effect on you.
If you would like to exercise any of your rights or find out more, please contact the PA to the Managing Director and Operations Director at SKE on 020 7761 6420, or email dataprotectionofficer@ske.org. The table at the end of this notice provides more detail about the information that we use, the legal basis that we rely on in each case, and your rights.
Complaints procedure
If you have any complaints about the way we use your personal information, please email dataprotectionofficer@ske.org providing details of your complaint including any evidence of how we have not complied with data protection law. If we are unable to resolve your complaint to your satisfaction, you have the right to complain directly to the data protection authority who will investigate your claim and take appropriate action if we are found to have misused your personal data:
Information Commissioner’s Office (ICO)
icocasework@ico.org.uk
Telephone: 0303 123 1113
Textphone: 01625 545860
Monday to Friday, 9am to 4:30pm
By post:
Information Commissioner’s Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF