Privacy Policy

Leary & CO knows that your privacy and your data are important, we will never sell personal data and we carry out all processing operations in line with the Data Protection Act 2018 (DPA 2018) and incorporating the EU General Data Protection Regulation (GDPR). This Privacy Policy provides information about how we collect, process, and protect your personal data.

The Privacy Policy provided by Leary & Co covers personal information disclosed by customers, applicants, employees, and any other third parties provided to us. For the purpose of this privacy policy, personal information and data is defined as information which identifies you personally including but not limited to you name, addresses, email address, phone number and IP address. 

Leary & Co is defined as the Data Controller under DPA 2018, we have a legal duty to protect the information collected from you. All collected information is safeguarded using appropriate technologies and procedures to ensure your details are safeguarded with strict security standards preventing unauthorised access.

Please read this Privacy Policy carefully to ensure it is understood in full, your acceptance of the Privacy Policy is deemed to occur upon your first use of our site or service. By using our service, 6you are agreeing to the Terms and Conditions of Use whereby we enter a contract with you. 

Leary & Co provides property management across Birmingham with head offices located at:
Leary & Co, Grosvenor House, 11 St Pauls Square, Birmingham, B3 1RB
Contact Number: 0121 232 4648

Definitions and Interpretations:

“Cookie” – a small text file on your device placed by our site when you visit or use certain features on our site.
“Cookie Law” – the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003.
“Data Controller” – the natural or legal person, agency or other body which determines the purposes and means of the processing of personal data.
“Data Subject” – any individual who is the subject of personal data held by an organisation. 
“Personal Data” – means any data which relates to an identifiable person who can be identified, directly or indirectly, from said data. 
“Portability” – obtaining a copy of your personal data to re-use with another service or organisation.
“Processing” – any operations/set of operations which is performed on personal data such as collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, restriction, erasure or destruction.
“Third party” – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who have been provided with direct authority of the controller or processes, are authorised to process personal data.
“We/Us/Our” – means Leary & Co Ltd Properties a limited company registered in England (company number: 08424169) at the registered address Leary & Co, Grosvenor House, 11 St Pauls Square, Birmingham, B3 1RB.

Who are we?

Leary & Co are a lettings and property management company, serving proving a personalised, high end service which covers all your letting needs.
 
We facilitate the advertising of property, arranging and conducting viewings with tenants, extensively referencing the tenants, drafting the legal contracts, arranging required services from third parties, collecting rent and securing deposits in line with government schemes and provide a dispute resolution service. 

We are registered members of the Property Redress Scheme, Safe Agent and we hold Client Money Protection. Should you have any questions regarding our Privacy Policy or practices, please contact enquiries@leary-co.com 


When is information collected?

Here are some examples of how we obtain information from you: 

  • A request to view a property is submitted
  • Information provided through the contact form for enquiry or complaint 
  • You advertise a property with us 
  • You submit a request to view or put down a deposit on a property
  • You subscribe to our blog or any additional marketing material
  • When entering or attempting to enter a business or employment relationship with ourselves 

What data is collected?

  • Name
  • Date of Birth 
  • Gender
  • Proof of Identity (passport, driving license, residency permit)
  • Residential status 
  • Contact information (email address, address history and telephone numbers) 
  • Demographic information (postcode, preferences and interest)
  • Dependent information
  • Business/Company Name 
  • Job title, annual salary and contract type 
  • Profession
  • Financial information (bank account details and statements)
  • IP address
  • Web browser type and version
  • Operating system 
  • Anything else relevant 

Your personal data is restricted only to those who have a legitimate business need. 

How is your data used?

All personal data is processed and stored securely, for no longer than in necessary considering the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under GDPR at all times, the use of your personal data will always have a lawful basis (either necessary for the performance of our contract or when you have consented to our use of your personal data). We may use your data for the following purposes

  • To carry out our obligations arising rom any contracts entered by you and us
  • Providing and managing your property and tenancy 
  • Supplying our services to you 
  • Notify you of changes to our services 
  • Personalising and tailoring our services for you
  • Send you communications which you have requested and that may be of interest to you
  • Replying to emails from you
  • Analysing your use of our site and gathering feedback to enable us to continually improve our site and your user experience 
  • Market research
  • Anything else relevant 

With your permission (or where permitted by law), we may also use your data for marketing purposes which may include contacting you by email with information or news on our services. We will not send you any unsolicited marketing or spam and we will take reasonable steps to ensure that we fully protect your rights and comply with obligations under GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.

We may pass your information to third party service providers, agent subcontractors and other associated organisations for the purpose of providing services to you or on your behalf. We only disclose information that is necessary to deliver a required service and we have a contract in place that requires them to keep your information secure and not use it for their own direct marketing purposes.

Your Rights

As a data subject, you have the following rights under GDPR:

  • The right to be informed about collection and use of personal data 
  • The right of access to the personal data we hold 
  • The right to rectification should any personal data we hold be inaccurate or incomplete 
  • The right to be forgotten (we can delete any personal data held on you at your request should you wish for it to be removed before our data retention policy date)
  • The right to restrict the processing of your personal data 
  • The right to portability 
  • The right to object to your personal data being used for particular purposes; and
  • Rights with the respect to automated decision making and profiling

We process your data under the following categories of ‘lawful basis of processing data’ in accordance with the GDPR: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/

We require your information to comply with our contractual obligations under our agreement, examples of this include but are not limited to information required in the tenancy agreement, information required for customer due diligence in line with relevant legislations and information to be passed to third party suppliers for the execution of required legal certificates.

On occasion, we may have a legal obligation when requested to pass your personal information to a Government department such as HMRC, The Department for Work and Pensions (DWP), Law Enforcement Agencies and/or other legal entities.

You have the right to request and receive copies of the personal information we hold that directly relates to you. This right is always applicable; however due to exemptions within the legislation you may not always receive all the information we process. If you are requesting the information on behalf of someone else, you will be required to provide proof of authority that you are appointed to act on the behalf of the data subject in writing. We have the right to refuse the request should we not be satisfied with the provided authority.

Should you not wish to receive information from us in the circumstances where you have provided consent to contact you, or should any of your information change, please contact enquiries@leary-co.com to update your record

Data retention

We do not keep your personal data for any longer than is necessary. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):

  • In the case of the provision of services to you, for the duration of the contract between us and up to a maximum of 7 years after the expiration of the contract or after the last occasion on which we provided a service to you, unless you request for the removal of data to occur sooner.
  • In the case of blogs or marketing material, until such a time as you withdraw your consent to receive them

Third-Party Product Providers:

We may pass your personal details to a third-party should they be executing required legal certificates for us, these include but are not limited to Gas Safety Certificate, Energy Performance Certificates and Electrical Installation Condition Reports. 

In preparation for the start of the tenancy, we have partners with Tenant Shop to streamline the registration of your new property. Tenant Shop will be notifying local councils and the suppliers of gas, water and electricity to advise them of the change in occupancy, please note that you will be liable for all bills from the date the tenancy starts, we recommend you contact the suppliers after you are moved in to ensure all details are correct. Tenant Shop will contact you by phone, ahead of your move in to offer products and services related to your new property, you can opt out of marketing or alter your options at any time. To do so, please contact customerservices@mytenantshop.co.uk and view their privacy policy here: https://tenantshop.uk/privacy/. 

All our properties will require tenant referencing, we work with third-party suppliers to provide this including HomeLet & Oh the Goodlord (www.goodlord.co)  who will conduct credit reference checks. Your information will be sent and held securely when transferring between HomeLet, Oh the Goodlord and Leary & Co. HomeLet and Oh the Goodlord will conduct part of the reference process with Leary & Co potentially requesting further information such as bank statements or employment details to complete the process. https://homelet.co.uk/.

In line with government guidance, our deposits are held in the Deposit Protection Scheme (DPS), this is detailed in the contract and at the point you pay the funds we will register you the deposit and send you over the prescribed information. When you check out of the property, we will instruct the DPS within 10 days regarding the return of your deposit. More information about the DPS can be found here:https://www.depositprotection.com/(https://www.depositprotection.com/privacy-policy/).

Your details will be stored in our secure customer management system provided by Goodlord, award winning software which will handle all your data in line with Data Protection Regulations and who are regulated by the Financial Conduct Authority. Goodlord’s privacy policy: https://www.goodlord.co/privacy-policy.

Use of ‘Cookies’

‘Cookies’ are small pieces of information sent by an organisation to your computer and stored on your hard drive that allows the website to recognise when you visit. They collect statistical data about your browsing actions and patterns and do not identify you individually. 

It is possible to switch off cookies by setting your browser preferences.

Transferring your information outside of Europe

The information which you provide to us may be transferred to countries outside of the European Union (EU). As the company operates with business in China, there will be times when your information is passed internally using secure systems to offices in Shanghai. China does not have similar data protection laws to the UK. By submitting your personal data, you’re agreeing to this transfer, storing and processing. Should your information be shared outside of the EU, please be reassured that we will take steps to ensure diligent security measures are in place to ensure your privacy rights continue to be protected as outlined above.

Procedures are in place to ensure breaches, or suspected breaches, are dealt with in a timely and secure manner and applicable notification applies within the required timeframe

Leary & Co Anti Money Laundering Statement 

We are required to comply with regulations relevant to the industry such as the Money laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, therefore, we will require to conduct due diligence on all Landlords and Tenants. Your information will not be shared with any other companies unless outlined in the above policy or required to do so by law.

Review of Policy 

This policy was last updated 3rd February 2021.