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LEESE AND NAGLE ESTATE AGENTS LTD - Registered number 04827733 - Registered address 108 Whiteladies Road, bristol, BS8 2RP

© 2021 Property Collection All rights reserved

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Terms and conditions:

1. INTRODUCTION


1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.


2. LICENCE


2.1 You are permitted to print and download extracts from this Website for your own use on the following basis: no documents or related graphics on this Website are modified in any way; no graphics on this Website are used separately from accompanying text; and no video is to be copied or modified in anyway no audio is to be copied or modified in anyway all of our copyright and trade mark notices and this permission notice appear in all copies. You may not use or exploit any part of this Website for commercial purposes

2.2 Unless otherwise stated, the copyright and other intellectual property rights in the software and all material on this Website (including without limitation photographs, graphical images artwork, data compilations, audio and video material) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 2.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3 Subject to clause 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.


3. SERVICE ACCESS


3.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.


4. VISITOR MATERIAL AND CONDUCT


4.1 Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from this Website any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; for which you have not obtained all necessary licences and/or approvals; which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 4.2 or 4.3


5. LINKS TO AND FROM OTHER WEBSITES


5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page of this Website, and subject to the following conditions: you do not remove, distort or otherwise alter the size or appearance of any logo or trademarks; you do not create a frame or any other browser or border environment around this Website; you do not in any way imply that we are endorsing any products or services other than our own; you do not misrepresent your relationship with us nor present any other false, misleading, derogatory or offensive information about us; you do not otherwise use any logo or trade marks displayed on this Website without our express written permission; you do not link from a website that is not owned by you; and your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 5.2 for breach of these terms and to take any action we deem appropriate.

5.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 5.2.


6. REGISTRATION


6.1 To register on this website you must be over 18.

You can update your registration at any time at the My Account section of our website.

6.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

6.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. You are responsible for all activities that occur under your account or password.

6.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.


7. DISCLAIMER


7.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

7.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms which but for these terms and conditions might have effect in relation to this Website.


8. GOVERNING LAW AND JURISDICTION


8.1 These terms and conditions shall be governed by and construed in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the English courts for all purposes in connection with these terms and conditions and our privacy policy.


9. MISCELLANEOUS


9.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

9.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

9.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

9.4 If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation in which you breach these conditions at any time.

© 2021

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Privacy Policy

We are Leese and Nagle Estate Agents Ltd with registered number 04827733 and registered address 61 Apsley Road Clifton Bristol BS8 2SW. Our Data Protection Lead can be contacted at mark@leeseandnagle.co.uk. We have produced this privacy notice in order to keep you informed of how we handle your personal data. All handling of your personal data is done in compliance with the General Data Protection Regulation (EU) 2016/679 ("Data Protection Legislation").

What are your rights?

When reading this notice, it might be helpful to understand that your rights arising under Data Protection Legislation include:

  • The right to be informed of how your Personal Data is used (through this notice);
  • The right to access any personal data held about you;
  • The right to withdraw consent at any time, by emailing mark@leeseandnagle.co.uk;
  • The right to rectify any inaccurate or incomplete personal data held about you;
  • The right to erasure where it cannot be justified that the information held satisfies any of the criteria outlined in this policy, or where you have withdrawn consent;
  • The right to prevent processing for direct marketing purposes, scientific/historical research or in any such way that is likely to cause substantial damage to you or another, including through profile building; and
  • The right to object to processing that results in decisions being made about you by automated processes and prevent those decisions being enacted.

Who is the Data Controller?

  • If we have collected your personal data directly from you for our own purposes, we are the Data Controller.
  • If we have purchased your personal data from a third-party for our own purposes, we are the Data Controller. Where we have purchased your personal data, we will contact you to let you know before we first start to use it, or, at the latest, within one month of acquiring it.
  • If we have been passed your personal data from a third-party for our own purposes, we are the Data Controller. We will contact you to let you know before we first start to use it, or, at the latest, within one month of acquiring it.
  • If we have been passed your personal data from a third-party for a joint purpose that we both influence, we are the joint Data Controller. We will contact you to let you know before we first start to use your data, or, at the latest, within one month of acquiring it.
  • If your data has been passed to us by a third party for processing under their instruction, that third party is the Data Controller. They should have notified you that they would be passing your personal data to us, Leese and Nagle Estate Agents Ltd, at the time they collected your data and within their own privacy notices/standards. For a list of Data Controllers that we process personal data for, the section below ‘Third Party Interests’.
  • If we have received your personal data as part of a business to business relationship, the Data Controller is your employer.

What are the Lawful Basis for Processing Personal Data?

Under Data Protection Legislation, there must be a ‘lawful basis’ for the use of personal data. The lawful bases are outlined in Article 6, Section 1 of the GDPR. They are sub-sections:

  • a) 'your consent';
  • b) 'performance of a contract';
  • c) 'compliance with a legal obligation';
  • d) 'protection of your, or another's vital interests';
  • e) 'public interest/official authority'; and
  • f) 'our legitimate interests'.

About our Processing of Your Data

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

Contact Data includes billing address, delivery address, email address and telephone numbers.

Financial Data includes bank account and payment card details.

Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

Usage Data includes information about how you use our website, products and services.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Reference What categories of information about you do we process? Why are we processing your data? Where did we get your personal data from?
B2B Marketing
  • Identity Data
  • Contact Data
Direct marketing to former, current and prospective clients. This processing is conducted lawfully on the basis of 'our legitimate interests'. Directly obtained or by referral from existing clients/partners/suppliers.
Analytics
  • Technical Data
  • Usage Data
To understand how you use our website, how you reached us and how long you spend on our website, in order to analyse our performance and improve our service. This processing is conducted lawfully on the basis of 'our legitimate interests'. Directly obtained or indirectly obtained through a client's website (notice given at the point of collection).
Fraud Prevention
  • Identity Data
  • Transaction Data
To combat fraud, we share information of clients who instruct the payment issuer to cancel payments to us without first informing us of why and/or allowing us the opportunity to issue a refund with credit reference agencies. This processing is conducted lawfully on the basis of 'protection of your, or another's vital interests'. Directly obtained or indirectly obtained through a client's website (notice given at the point of collection).
Contact Submission
  • Identity Data
  • Contact Data
When you send us information about you by posting on a forum or blog, we will store this information in order to make it available for viewing on the website. You consent is obtained at the time of posting and via reference to this notice. This processing is conducted lawfully on the basis of 'your consent'. Directly obtained or indirectly obtained through a client's website (notice given at the point of collection).
Phone Calls
  • Identity Data
  • Contact Data
We might record calls for training and/or auditing purposes. We also collect Calling Line Identification information. This is used to help improve the efficiency and accountability of our customer services. This processing is conducted lawfully on the basis of 'our legitimate interests'. Directly obtained.
Email and Web Contact
  • Identity Data
  • Contact Data
If you contact us through our website or by email, we will use the information you send in order to respond to your enquiry or complaint. This information will be kept in order to improve our service to you overall. This processing is conducted lawfully on the basis of 'our legitimate interests'. Directly obtained or indirectly obtained through a client's website (notice given at the point of collection).
Consumer Marketing
  • Identity Data
  • Contact Data
  • Transactional Data
  • Marketing and Communications Data
If you make a purchase with us, we will add your contact information to our marketing list and send you information we think you might be interested in. This processing is conducted lawfully on the basis of 'our legitimate interests'. Directly obtained.

Our use of Cookies

Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.

Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser), or may remain on your computer until you delete them or until a defined period of time has passed.

Although your browser software enables you to disable cookies, we recommend that you allow the use of cookies in order to take advantage of the features of our website that rely on their use. If you prevent their use, you will not be able to use all the functionality of our website. Here are the ways we may use cookies:

  • to record whether you have accepted the use of cookies on our web site. This is solely to comply with the law. If you have chosen not to accept cookies, we will not use cookies for your visit, but unfortunately, our site will not work well for you.
  • to allow essential parts of our web site to operate for you.
  • to operate our content management system.
  • to operate the online notification form - the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser.
  • to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.
  • to collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.
  • to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.
  • to record your activity during a web cast. For example, as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for a period of time after which it will delete automatically.
  • to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for a period of time after which it will delete automatically.
  • to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube's privacy-enhanced mode.

What happens if I refuse to give Leese and Nagle Estate Agents Ltd my personal data?

The information about you that we have collected for the performance of our contracts is required in order for us to successfully fulfil our obligations to you. If you choose not to provide the personal data requested, we will not be able to enter into a contract with you to provide the benefits we offer. If we are already processing your personal information under a contract, you must end our contractual relationship (as/where permitted) in order to exercise some of your rights.

We process some personal information as part of a contractual relationship with a Data Controller. Any requests to restrict this type of processing should be forwarded to the Data Controller; they will be responsible for discussing your concerns and making any decisions.

What are Leese and Nagle Estate Agents Ltd’s 'legitimate interests'?

Legitimate interests are a flexible basis upon which the law permits the processing of an individual's personal data. To determine whether we have a legitimate interest in processing your data, we balance the needs and benefits to us against the risks and benefits for you of us processing your data. This balancing is performed as objectively as possible by our Data Protection Lead. You are able to object to our processing and we shall consider the extent to which this affects whether we have a legitimate interest. If you would like to find out more about our legitimate interests, please contact us via mark@leeseandnagle.co.uk.

How Long will Your Personal Data be Kept?

Leese and Nagle Estate Agents Ltd holds different categories of personal data for different periods of time. Wherever possible, we will endeavour to minimise the amount of personal data that we hold.

  • If 'consent' is the basis for our lawful processing of your data, we will retain your data so long as both the purpose for which it was collected, and your consent, are still valid. We review the status of your consent every twelve (12) months and treat non-response to our requests for renewal of consent as if they were your request to withdraw consent. Occasionally, we might identify a legitimate interest in retaining some of your personal data that has been obtained by consent. If we do, we will inform you that we intend to retain it under these conditions and identify the interest specifically.
  • If we process your data on the basis of 'legitimate interests', we will retain your data for so long as the purpose for which it is processed remains active. We review the status of our legitimate interests every twelve (12) months and will update this notice whenever we determine that either a legitimate interest no longer exists or that a new one has been found.
  • All categories of personal data that are held by us because they are essential for the performance of a contract, will be held for a period of six years, as determined by reference to the Limitations Act 1980, for the purposes of exercising or defending legal claims.

Who Else Will Receive Your Personal Data?

Leese and Nagle Estate Agents Ltd passes your data to the third parties listed in the section 'Third Party Interests' below, for the purposes of providing our services to you, and for no other purpose.

Does Your Data Leave the EU?

Leese and Nagle Estate Agents Ltd uses overseas web and IT providers. Details of what data is sent where, and the safeguards in place, are included in the section 'Third Party Interests' below.

Third Party Interests

Our Data Processors

Name of Third Party Purposes for Carrying out Processing
Dave The Boardman Sign Erection
Onthemarket Property Marketing
Rightmove Property Marketing
Meade King Legal Advice
Clearbooks Accountancy software
Expert Agent Software System Provision
Cannard Computing IT support
Floorplanz Marketing material
Niche Communications Marketing material
Excellent Finances Accountancy
Property Collection website design and hosting

Who can you Complain to?

In addition to sending us your complaints directly to mark@leeseandnagle.co.uk, you can send complaints to our supervisory authority. As Leese and Nagle Estate Agents Ltd predominantly handles the personal data of UK nationals, our supervisory authority is the Information Commissioner's Office. If you believe that we have failed in our compliance with data protection legislation, complaints to this authority can be made by visiting https://ico.org.uk/concerns/ .

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