LUCY DEVELOPMENTS LTD (“LDL”) is committed to protecting the privacy and security of your personal information.This privacy notice describes how we collect and use personal information about you during and after your relationship with us, in accordance with the EU’s General Data Protection Regulation (GDPR). It applies to property vendors, purchasers, prospective purchasers and former owners.

LDL is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under the GDPR to notify you of the information contained in this privacy notice.

In general, we use your personal information to comply with the law and to carry out our obligations to you and to ensure you can fulfil your obligations to either or both of us.

It is important that you read this notice so that you are aware of how and why we are using such information.

DATA PROTECTION PRINCIPLES

We will comply with data protection law. This says that the personal information we hold about you must be:
1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.

THE KIND OF INFORMATION WE HOLD ABOUT YOU

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 will collect, store, copy and use the following categories of personal information about you:

• Personal contact details such as name, title, address, telephone numbers, and personal email addresses.
• Your financial account details if we have agreed to refund you monies you have paid.
• CCTV footage obtained through electronic means when on our premises.

HOW IS YOUR PERSONAL INFORMATION COLLECTED?

LDL collects personal information about you as part of our conveyancing process if you are an individual selling us property or land or if you are purchasing when you enquire, reserve or purchase one of our properties. Information may be collected on behalf of LDL by LDL’s agents.
We may collect additional personal information in the course of our property searching or your enquiries and ownership.

HOW WE WILL USE INFORMATION ABOUT YOU

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
1. Where we need to perform the contract(s) we have entered into with you.
2. Where we need to comply with a legal obligation.
3. 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.
We may also use your personal information in the following situations, which are likely to be rare:
1. Where we need to protect your interests (or someone else’s interests).
2. Where it is needed in the public interest or for official purposes.

Situations in which we will use your personal information

We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with our legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.

• Receiving your reservation fee, deposit, purchase price or other sums due.
• Administering the contract we have entered into with you.
• To progress the sale of land to us or your purchase of our property
• Dealing with our insurers in the event of any claim.
• Business management and planning, including accounting and auditing.
• Making arrangements for viewings.
• Dealing with legal disputes involving you.
• Complying with our health and safety obligations.
• To use in customer surveys under the Consumer Code for Homebuilders.
• To prevent fraud or theft or other illegal activity or activity which may bring either party into disrepute..
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you or we may be prevented from complying with our legal obligations.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

DATA SHARING

We may have to share your data with third parties, including third-party service providers. We require third parties to respect the security of your data and to treat it in accordance with the law.
We do not anticipate transferring your personal information outside the EEA. If we do, it will be done in line with the GDPR.

Why might you share my personal information with third parties?

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship between us or where we have another legitimate interest in doing so. “Third parties” include our estate agents who have been appointed to represent us in the sale of our properties, our professional advisers, building contractors and other providers of goods and services.

How secure is my information with third-party service providers?

All our third-party service providers including our agents are either requested to take appropriate security measures in line with our policies or have their own obligations to protect your personal information. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

What about other third parties?

We may need to share your personal information with a regulator or to otherwise comply with the law.

DATA SECURITY

We have put in place measures to protect the security of your information. Details of these measures are available upon request.
Third parties are asked to only process your personal information on our instructions, to treat the information confidentially and to keep it secure.

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

We have put in place procedures to deal with any suspected data security breach and will notify you and the Information Commissioner’s Office of a suspected breach where we are legally required to do so.

DATA RETENTION

How long will you use my information for?

Subject to the following paragraphs, we will retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Aborted sale and purchase
If we do not proceed to purchase land from you or you do not proceed to purchase one of our properties we will delete and destroy your information within 6 months of such sale or purchase being definitively abandoned.
However, if any monies have been paid whether we were to purchase land from you or you were to purchase one of our properties and such transaction did not proceed but monies were later refunded we will retain your information for 6 years.

Completed deals
We will keep forever your information pertinent to our purchase of land from you or sale of our property to you to comply with statutory retention requirements although we will delete all pre-sale and purchase forms and related communications within 3 years of completion of such sale or purchase.

RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION

Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during our relationship.

Your rights in connection with personal information
Under certain circumstances, by law you have the right to:

• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the LegalTeam@lucygroup.com or the Company Secretary in writing.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

CHANGES TO THIS PRIVACY NOTICE

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

OVERSIGHT

Madeline Laxton, Company Secretary, will oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact Madeline Laxton or the LegalTeam@lucygroup.com.

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