At Hawk Estates Limited (“HEL”), we are committed to protecting and respecting your privacy and have created this Privacy Statement to explain to you what information we collect, why we collect it, how we process your information and who it will be shared with.
“We”, “our” or “us” – means HEL.
“You or “your” – means any person using the services of HEL.
Who we are and what we do?
The Hawk Group of Companies comprises of HEL and associated Jersey companies, all of which are registered as a data controller under the Data Protection (Jersey) Law 2018.
HEL is an estate agent specialising in selling existing and developed properties in Jersey, and providing relocation support.
Changes to the Privacy Statement
We will regularly review and update this Privacy Statement internally as well as to comply with changes in the Data Protection (Jersey) Law 2018 and applicable legislation. We reserve the right to change our Privacy Statement at any time and you should check the Privacy Statement from time to time to ensure that you are happy with any changes. By continuing to submit your personal information to us, you agree to our Privacy Statement.
We strongly urge you to familiarise yourself with our Privacy Statement and let us know if you have any questions by speaking to us or sending an email to [email protected].
How we obtain your information
In the course of providing services to you or receiving services from you, we collect information that personally identifies you.
The information we collect about you (or your staff) comes from:
- contact forms on the website and enquiries over email
- events that you register to attend with us
- publications and notifications that you sign up to receive from us
- your registration on hawk.je
- application forms or other materials you submit to us during the course of your relationship with us
- your interactions with us, transactions and use of our products and services (including the use of our website)
- your business dealings with us, including via email, telephone or as stated in our contracts with you
- depending on the products or services you require, third parties (including for credit and money laundering checks, among other things)
- recording and monitoring tools that we use for compliance or security purposes (e.g. recording of telephone calls, monitoring emails, etc.)
What information we collect about you
If you are our client or customer, we collect information that helps us to identify you and to manage your business with us, whether as a landlord, tenant, purchaser of property, vendor of property or a prospective purchaser or vendor. We also collect financial information about you, information about your transactions with us and information required for us to carry out credit, money laundering and other checks and to comply with our legal obligations.
Where you are our client or customer, the Personal Information that we collect includes:
- your name, title and contact details
- your professional title and occupation
- your age and marital status
- financial information
- IP address or our internal electronic identifiers
- information which we need to conduct ‘know your client’ checks such as details relating to your passport and credit history
- other information you provide to us during your dealings with us or which we require to provide you with HEL’s services
In limited cases, we also collect what is known as “special categories” of information. Our money laundering, sanctions, financial crime and fraud prevention checks sometimes result in us obtaining information about actual or alleged criminal convictions and offences, as well as in respect of Politically Exposed Persons.
You are not obliged to provide us with your information where it is requested but we may be unable to provide certain products and services or proceed with our business relationship with you if you do not do so. Where this is the case, we will make you aware.
We do not collect any Sensitive Data about you. Sensitive data refers to data that 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. We do not collect any information about criminal convictions and offences. We do not carry out automated decision making or any type of automated profiling.
How we process information about you
We will use the personal information you provide in a way which conforms to the Data Protection (Jersey) Law 2018 and to:
- follow your requests and instructions
- conduct administrative or operational processes within our business
- perform a contract which we have with you
- work with our agents and advisers who we use to help with the services which we provide
- invite you to events
- review and process your application should you apply for an employment position with us
Who will it be shared with
We share certain information with certain third parties for the purposes set out in this policy.
We disclose personal information to third parties, subcontractors, agents, and any person who provides professional, legal or accounting advice or other services to HEL, who will use such information in the course of either fulfilling contractual obligations or in the provision of advice or other services to you and in pursuit of the purposes that we specify below:
- in order to carry out anti-money laundering checks and related actions which HEL considers appropriate to meet any legal obligations imposed on it, or the processing in the public interest, or to pursue the legitimate interests of HEL in relation to, the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of services to persons who may be subject to economic or trade sanctions, on an on-going basis, in accordance with HEL’s anti-money laundering procedures
- to, where applicable, report tax related information to tax authorities in order to comply with a legal obligation
- to monitor and record calls and electronic communications for (i) processing verification of instructions; (ii) investigation and fraud prevention purposes; (iii) for crime detection, prevention, investigation and prosecution; (iv) to enforce or defend HEL’s rights, itself or through third parties to whom it delegates such responsibilities or rights in order to comply with any legal obligation imposed on HEL; (v) to pursue the legitimate interests of HEL in relation to such matters; or (vi) where the processing is in the public interest
- to disclose information to other third parties such as service providers of HEL, auditors, regulatory authorities and technology providers in order to comply with any legal obligation imposed on HEL, to fulfill our contract with you or in order to pursue the legitimate interests of HEL
- to monitor and record calls/emails/communications for quality, business analysis, training and related purposes in order to pursue the legitimate interests of HEL to improve our service delivery;
- to update and maintain records
- to retain records of AML checks and other similar records of individuals to assist with subsequent screening of them by HEL
In addition, we may share information with a potential buyer, transferee, or merger partner or seller and their advisers in connection with any actual or potential transfer or merger of part or all of HEL’s business or assets, or any associated rights or interests, or to acquire a business or enter into a merger with it.
We also share your personal information or any portions to thereof to regulators, government bodies and law enforcement agencies (a) as required by, or to comply with, applicable law, regulation, court process or other statutory requirement; and (b) at the request of any regulatory, supervisory or governmental authorities.
Your personal information will not be passed to organisations for marketing, sales, or any commercial use without your prior express consent.
If another entity acquires us, all or part of our assets, your personal information will be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets.
If you email us, we may keep a record of your email address and a copy of the email for record-keeping purposes.
With security in mind, we suggest that you keep the amount of confidential information you send to us via email to a minimum.
We will not share your email address or your email contents unless it is necessary for us to do so; either to fulfil your request for a service; to comply with a legal and/or regulatory obligation, or where permitted under other legislation.
We do not record or monitor any telephone calls you make to us using recording equipment, although if you leave a message on our voicemail systems your message will be kept until we are able to return your call or make a note of your message. File notes of when and why you called may be taken for record-keeping purposes. We will not pass on the content of your telephone calls unless it is necessary for us to do so; either to fulfil your request for a service; to comply with a legal obligation, or where permitted under other legislation.
Our lawful ground of processing your personal information to send you marketing communications is with your consent or for a legitimate interest.
If you opt out of receiving marketing communications this opt-out does not apply to personal information because of other transactions, such as products and services provided.
Before we share your personal data with any third party for their own marketing purposes, we will get your express consent.
HEL has a LinkedIn page. LinkedIn is owned by Microsoft and HEL is not responsible for the information that is collected by LinkedIn once you land on the page.
International data transfer
If we do transfer personal data outside the European Economic Area (“EEA”), we will make sure that it is protected in the same way as if it were being used in the EEA. We will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data.
We may transfer your personal data to countries that the EEA have approved as providing an adequate level of protection for personal data by; or
- if we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct of certificate mechanisms approved by the EEA which give personal data the same protection it has in Europe.
If none of these safeguards are available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data to those employees who have a business need to know such data.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
We will endeavour to keep your information accurate and up to date and for as long as the purposes for which the personal information was collected for, in order to satisfy any legal, accounting, or reporting requirements and as required by data protection laws and any other applicable laws or regulatory requirements. The secure destruction of electronic data will be in co-ordination with our IT service provider and confidential hard copy data will be shredded.
Please let us know if at any time your personal information changes.
You can ask us to stop processing your information
You have the right to request that we stop processing your personal data in relation to any of our services. However, this may cause delays or prevent us delivering a service to you. Where possible we will seek to comply with your request, but we may be required to hold or process information to comply with a legal and/or regulatory requirement.
You can withdraw your consent to the processing of your information
In the few instances when you have given your consent to process your information, you have the right to withdraw your consent to the further processing of your personal data. However, this may cause delays or prevent us delivering a service to you. We will always seek to comply with your request, but we may be required to hold or process your information in order to comply with a legal and/or regulatory requirement.
You can ask us to correct or amend your information
You have the right to challenge the accuracy of the information we hold about you and request that it is corrected where necessary. We will seek to ensure that corrections are made not only to the data that we hold but also any data held by other organisations/parties that process personal data on our behalf.
You request that the processing of your personal data is restricted
You have the right to request that we restrict the processing of your personal information. You can exercise this right in instances where you believe the information being processed is inaccurate, out of date, or there are no legitimate grounds for the processing. We will always seek to comply with your request, but we may be required to continue to process your information in order to comply with a legal requirement.
You can ask us for a copy of the information we hold about you
You are legally entitled to request a copy of any personal information that we hold about you which is commonly known as a data subject access request. You will not have to pay a fee to access your personal information, but we do reserve the right to charge a reasonable fee if your request for access is clearly unfounded or excessive.
Who can I contact?
If you have any questions in respect of the Privacy Statement or wish to exercise any of your rights, please send your request by email to [email protected]@hawkgroupltd.com or alternatively by post to The Director, Hawk Lending Group LimitedEstates, Hawk House, 22 Esplanade, St. Helier, Jersey. JE1 1 HH.
If you are dissatisfied with our response and you wish to make a formal complaint, the contact details are as follows:
Office of the Information Commissioner, 2nd Floor, 5 Castle Street, St. Helier, Jersey. JE2 3BT.
HAWK LENDING GROUPESTATES COMPANY NUMBER: 132429
COPYRIGHT HAWK LENDING ESTATES © 2021