Privacy Notice

General


Benest Estates care about the protection of personal data of all our applicants (‘data subjects’). The General Data Protection Regulation (GDPR) seeks to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against unlawful processing of personal data and the unrestricted movement of personal data within the EU.

This Privacy Notice sets out how Benest Estates processes data on individuals and companies who are registered as applicants of Benest Estates. Where the data held is on individuals, this document also sets out the rights of those individuals in respect of the personal data held.


Who We Are


Benest Estates is an estate agency business based in Jersey, Channel Islands. We provide estate agency services in respect of selling property, purchasing property, tenant find services, letting services and property management services.


The Data We Hold


Benest Estates processes data in order to provide estate agency services. The type of data we may collect and process includes:-


  • Contact details (including names, postal addresses, email addresses and telephone numbers);
  • Information required for Benest Estates to meet legal and regulatory requirements, in particular in respect of anti-money laundering legislation, documentation verifying personal identity and residential address;
  • Information with regard to your appointed lawyers and surveyors;
  • Financial information, such as bank details;
  • Any other information you may provide to us.

Any data collected will be held in a secure, cloud based storage system.


Purposes of processing


We use data (including personal data of individuals) for the following purposes (the below also confirming the lawful basis we are relying on in each case):


Purpose Lawful basis for processing
To enter into applicant relationships and to provide estate agency services The legitimate interests of Benest Estates as a provider of estate agency services to process the data for the purpose of providing those services
To manage our applicant relationships The legitimate interests of Benest Estates to seek to ensure its business is conducted efficiently and with a view to enhancing the service we provide
To provide our applicants with marketing material in respect of properties for sale or rent The legitimate interests of Benest Estates as a provider of estate agency services to process personal data to communicate with applicants

The right of our applicants to unsubscribe from mailings will be noted within all mailings and any requests to unsubscribe may be made by emailing sales@best.je
To meet all legal and regulatory obligations applicable to Benest Estates The legitimate interests of Benest Estates as a provider of estate agency services to process data to the extent necessary to ensure it meets all legal and regulatory obligations

Sources and Recipients of Data


The sources of data may include applicants, data subjects directly, third parties connected to the data subject (for example, their appointed lawyer, surveyor or another service provider who provides services to the data subject).


The following is a list of potential recipients of data:


  • Employees of Benest Estates;
  • Negotiators working under the umbrella of Benest Estates;
  • Other providers of services (lawyers, surveyors, tradesmen or otherwise) where disclosure to that provider of services is considered necessary to fulfil the purposes set out above;
  • Landlords and Tenants whereby an agreement has been entered into in respect of a property rental;
  • Credit check referencing agencies who have been appointed to provide information with regard to a Tenant’s credit status;
  • Regulators or other governmental or supervisory bodies with a legal right to the material or a legitimate interest in any material;
  • Potential parties with whom Benest Estates intends to merge or sell any part of Benest Estates.

Where Benest Estates is entering into an engagement with a third party pursuant to which data may be processed by that third party, we will seek to enter into an agreement with that third party setting out the respective obligations of each party and will seek to be reasonably satisfied that the third party has measures in place to protect data against unauthorised or accidental use, access, disclosure, damage, loss or destruction.


Rights of Data Subjects


Data subjects in the European Union have certain rights in respect of their personal data.

Any such data subject wishing to exercise any rights under applicable data protection laws (including the right to withdraw any consent to processing previously given; the right of access to data; or to have data corrected, updated, rectified or erased; or for access to data to be restricted or provided to any third party; or to object to any particular processing) should send the request in the first instance to dataprotection@best.je

In any case in which a data subject chooses not to provide any personal data or where any of the rights set out above are exercised to limit the processing of personal data, Benest Estates may be unable to provide relevant services, or there may be a restriction on the services which can be provided.


Retention


Benest Estates only keeps data for as long as necessary to fulfil the purposes (as set out above) for which we collected it. The Benest Estates policy is to retain data in relation to successful property transactions for no more than 7 years from the transaction date of the property, after which time all documentation will be deleted. When a data subject requests to unsubscribe from our database and no property has transacted, all data held will be deleted with immediate effect.

Any requests for further information in relation to the continued processing of specific data, and requests for destruction of data, should be made to dataprotection@best.je.


Changes to this Privacy Notice


We keep this Privacy Notice under review and any updates will appear on our website at www.best.je.

If you have any questions with regard to this Privacy Notice or any data which we hold about you, please contact dataprotection@best.je.


Office of the Information Commissioner
Brunel House
Old Street
St Helier
Jersey
JE2 3RG

Tel 01534 716530
Email: enquiries@dataci.org
Benest Estates
1A Quennevais Parade
La Route des Quennevais
St Brelade
Jersey
JE3 8FX

Tel 01534 747777
Email: dataprotection@best.je


Last updated 14th May 2018



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