Privacy Notice V2.6f
Davidsons Data Protection and Privacy Notice
1.WHO ARE WE?
We are ‘Davidsons’:
– Davidsons Developments Limited, trading as Davidsons Homes, a company registered in England and Wales with company number 04346861, whose registered office is at Unit R, Ivanhoe Park Way, Ashby de la Zouch Leicestershire LE65 2AB.
– Some of our developments are operated by our wholly owned subsidiary Davidsons Properties Ltd, trading as Davidsons @ Broadnook, a company registered in England and Wales with company number 07087682, whose registered office is at Unit R, Ivanhoe Park Way, Ashby de la Zouch Leicestershire LE65 2AB.
– Also referred to as ‘Davidsons Group’ or ‘Davidsons Homes’ or ‘Davidsons’
1.2a Davidsons is the Data Controller in accordance with the General Data Protection Regulation (EU) 2016/679 and the UK General Data Protection Regulation (UK GDPR), tailored by the Data Protection Act 2018 (Data Protection Legislation).
1.2b When working on behalf of R2 Developments Ltd, or Winkfield Park Developments Ltd (or any associated companies) we are acting as a Data Processor providing sales support and customer support services to R2 companies.
1.2c When working on behalf of WesternRange Ltd, Wilson Enterprises Ltd or
Lubenham 1 Ltd we are acting as Joint Data Controllers with these partners.
1.3 Please note: that by using the Davidsons Web Sites and systems (as defined below) and/or allowing us to keep in touch with you as a customer or potential customer you are consenting to the practices described below in this policy notice.
1.4 If you do not give your consent whilst using Davidsons web sites, please navigate away from them immediately (if applicable). Otherwise, please do not proceed to give us consent to process and store your Personal Data (as defined in section 6).
2 WHEN THIS POLICY MAY APPLY TO YOU.
2.2 This policy also applies to you if you are a customer of ours or a potential customer.
2.3 Children are not eligible to be customers of ours and we will not knowingly process or store any Personal Data from a child, with the exception of event photography, in which case a responsible adult must provide prior written consent for any images, videos or audio assets to be captured or used containing a child.
2.4 If you are involved in a ‘sales chain’ where someone in the chain is using a part exchange scheme to buy a property (but you are not a direct customer of Davidsons), then we may receive your information from agents to help manage the sales completion risk, and to help manage and co-ordinate successful chain completion dates across multiple sales.
2.5 If you are a Landowner or Land Agent, we may store and process your information as part of our land acquisition activities.
2.6 If you are a local resident, next to a proposed or active development, we may process your contact details in dealing with any issues or questions you raise.
2.7 If your involved in an accident on our developments we will capture your information to complete our HSE investigation and lessons learned processes
2.7 There may be times where we need to capture your details and share information with 3rd parties that are not part of our normal business processes. Such examples include traffic incidents, or 3rd party accidents away from our developments.
2.8 Please note that we have separate Privacy Notices for Job Applicants and Employees.
3. OUR COMMITMENT TO YOU
We are committed to protecting and respecting your privacy. We always aim to process and collect your Personal Data lawfully, transparently, fairly and without adversely affecting your rights as a Data Subject (as defined below). Please read the following carefully to understand our practices and procedures.
4. WHOM TO CONTACT
4.1 Our Data Protection Officer (DPO) for the purpose of the Data Protection Legislation is Dave Gorey. Our DPO can be contacted at: [email protected] .
4.2 If you are not satisfied with any action taken by us or response given, you have the right to complain to Information Commissioner at www.ico.gov.uk, or help line telephone number: 0303 1231113.
5. WHAT THIS POLICY COVERS
This policy explains:
5.1. what personally identifiable information of yours is collected by us in certain circumstances (known as Personal Data);
5.2. what organisation is collecting the Personal Data;
5.3. how the Personal Data is used and stored;
5.4. what choices you have for the collection, use and distribution of your Personal Data is concerned;
5.5. who we share your Personal Data with;
5.6. How you can correct any inaccuracies in your Personal Data and/or request that it is deleted; and
5.7 What measures we have in place to protect your Personal Data, including what security measures we have in place.
6. OUR WEBSITES & SYSTEMS
Software applications we use in our business.
6.1. Our websites :
www.broadnook.co.uk its related domains and sub-domains
In addition, from time to time we may create temporary consultation web sites specific to individual locations to support community briefings and engagement concerning prospective land development projects.
6.2. In addition, we use various software applications to capture and manage customer and potential customer Personal Data which is stored on our servers or software from third parties from whom we licence those products. The applications we use are:
6.2.1. A specialist Enterprise Resource Planning (ERP) software package used in construction companies to manage our core business activities including, CRM, Reservations, Legal Completion, Sales Extras, Purchase Ordering, Sales Extras, Customer Services, Invoicing. This is hosted in the UK.
6.2.2. Web based Publishing Software to produce personalised brochures.
6.2.3. Web based call recording software hosted in the republic of Ireland
6.2.4. Web based marketing engagement software to distribute emails and brochures, analyse customer interaction and update our CRM records;
6.2.5. Web based property valuation services and affordability tools.
6.2.6. Web based Customer Survey Tools to undertake customer research pre and post customer sale.
6.2.7 Specialist software, to host and drive the mydavidsosons.co.uk website which allows customers to configure sales extras for their new home.
6.2.8 We use a cloud-based plug-in software tool, lined to our ERP Prospecting systems to generate our CRM activity and record their details. These systems are hosted on servers in the UK.
6.2.9 Cloud and onsite Email & file storage systems
6.2.10 Specialist cloud-based software integration tools (IPaaS) to securely share your personal information between our critical business IT systems. This reduces data input errors and allows us to keep you information up to date and accurate across all systems.
6.2.11 Digital Asset Management (DAM) tools to manage photo, video, and audio files. Our systems are hosted in Europe and are governed by European Commission-Approved Standard Contractual Clauses.
6.2.12 Specialist cloud-based software to handle Health & Safety Inspections and Accident investigations.
6.2.13 A cloud-based customer information portal to delivery you information specified by our UK standards bodies and regulators, administration paperwork, appropriate operational manuals and guidance for living and looking after your new home.
6.2.14 A CRM database used by our Executive support team, Land & Planning teams to record industry and specialist contacts, their interests, publicly available images and contact details.
In addition, from time to time we may also use links to third party sites; further details are set out below.
7. INFORMATION WE COLLECT ABOUT YOU
7.1 If you use or interact with the Davidsons we may collect, use, store and transfer various kinds of personal data about you which we have grouped together as follows:
7.1.1 Identity Data includes first name, given name, last name, username or similar identifier, marital status, title, date of birth and gender.
7.1.2 Contact Data includes home address, email address and telephone numbers.
7.1.3 Financial Data includes bank account details, where relevant
7.1.4 Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
7.1.5 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, stay duration, operating system and platform, and other technology on the devices you use to access this website.
7.1.6 Profile Data includes your username and password, My Davidsons orders made by you, your interests, preferences, feedback and survey responses.
7.1.7 Usage Data includes information about how you use our web sites, and our products and services. .
7.1.8 Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
7.1.9 if you: (a) complete one of our enquiry forms (b) request one of our digital brochures; (c) request further assistance; (d) report a problem with the Davidsons Sites; (e) use the Live Chat function; or (f) otherwise correspond with us, we may collect your name, address (including e-mail address) and phone numbers.
7.1.10 Preference Information – preferred location and number of bedrooms that you are searching for in a new home, to help us match your requirements to our new Developments.
7.1.11 Where did you hear about us – to assist in Marketing communication strategies.
7.2 Third Party Sales Portals. If you contact us via Rightmove, Zoopla, or New Homes for Sales or another property search engine. These Portals will give us your name, address, telephone number and email address. By entering your Personal Data on those websites you will be subject to their terms and conditions and privacy policies and practices.
7.3. If you allow us to contact you for marketing purposes and/or request a digital brochure. We will collect your name, email address and telephone number.
7.4. If you reserve a home with us. On reservation we will collect you name, postal address, email address and telephone number. Other Personal Data may also be collected from you as necessary whilst performing our contract with you when you proceed with the purchase your home.
7.5. If you telephone us as a potential customer. We will collect the details you give us on the call using Infinity software.
7.6 If you are a customer of a Strategic Partner, we may obtain your information to act as an agent for the whole construction and sales process, or to provide post occupational repair services to your home which they have built.
Please note we will use the contact details you provide us with to communicate with you. If you provide us with a work email address, postal address and or phone number, you are confirming to us that you have permission from your employer to provide us with those contact details and for us to contact you via those means.
7.7 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 concerning the public.
7.8 If you fail to provide personal data. Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
7.9 If you are in contact with our Executive Team, Land Buying Teams, Planning or other land development functions then we may hold details of your role, interests and contact details. We consider that we have a legitimate interest to hold this information to allow us to communicate with you on developing land development opportunities.
7.10 In addition, please refer to our Cookies Policy on our WEB sites.
8. HOW WE USE THE INFORMATION YOU PROVIDE US
We may use the data collected about you in the following ways:
8.1 to help you with your enquiry;
8.2 to provide information about our homes, developments or about our business (we will always obtain your consent before we send you marketing or promotional information/material);
8.3 to ask for your feedback about your experience of purchasing one of our homes;
8.4 to notify you of changes to our developments or homes;
8.5 to understand yours and other customers’ requirements and preferences, perform analysis and comparisons;
8.6 improve the efficiency of the Davidsons Sites, administer updates to ensure it runs smoothly and/or to offer you support if you have problem or an issue with the Davidsons Sites.
8.7 to perform our contract with you if you purchase one of our homes;
8.8 on reservation, to share information with our subsidiary Albert Henry Interiors (Swift Plant Ltd), to understand your preferences and choices as to fitted furniture fixtures/ fittings/ furnishings in connection with the purchase of your home. If AHI do not need to contact you regarding the selection choice of fitted furniture for your new home, then we may request AHI to contact you outlining their offering but only if you have consented to do so, or if we have a legitimate interest to do so.
8.9 Once you become a Customer and have completed your home purchase then we reserve a legitimate interest to contact you regarding our special customer schemes including Refer a Friend, Davidsons Club, providing Home Maintenance advice, Company news, Customer Satisfaction Surveys and re-engaging with you as a future prospective customer in years to come, where we may choose to inform you of other homes and part-exchange schemes in your area.
8.10 Customers can contact their local Sales Manager on site to opt-out of these, or if the Sales Office is closed, please contact our Customer Service Department, details are available on our web site. Customers can also opt-out once they receive their next email from our marketing and contact management systems via selecting unsubscribe on the email.
8.11 On selected developments, we may share and process your information with Joint Data Controllers to process your contractual reservation, management reporting, sale and payment processing activities associated the purchase of your new property. (See 12.8).
8.12 We may share you information with the ICO (Information Commissioner’s Office) , and the NHOS (New Homes Ombudsman Service) and other industry regulators as required.
8.13 We may share you information with the NHQB (New Homes Quality Board), and the NHBC (National House Builders Council) to fulfil essential regulated requirements, compliance and audits. We may also undertake Customer Satisfaction Surveys for internal use, and via the NHBC (regulator requirement).
8.14 We may process your information to verify the completeness of a sales chain, manage risk of non-completion and assist in co-ordinating sales completion activity across a wider chain to help customers and their purchasers completing a successful move on the desired home relocation dates.
8.15 If you agree to participate in an online or physical marketing event where ‘images’ (photos, videos or audio files) are captured then we will inform you of where and how your images will be used and obtain your prior written consent before we use any such images in our future marketing activity.
8.16 For such events, we have a separate ‘Photography & Filming Information Sheet’ provided to all participants explaining how and where their images will be used, and a separate Photography Consent Form available on request.
8.17 For larger corporate ‘invitation only’ activities such as Charity, Sports or Awards events we consider that we have legitimate interest to use any such images on our web site and social media platforms.
8.18 Some emails that we send may have tracking on so that we can tell how much traffic they generate towards the Davidsons Web Sites.
8.19 To provide you with information as required by our industry standards bodies and UK regulators.
8.20 We may use this information to contact land agents, consultants, land owners, planners, professional advisors about future land & planning opportunities, keep them informed of our business activities or invite them to corporate events, that you may be interested in that we run from time to time. We recognise that sometimes we deal with such individuals in a professional or private capacity.
8.21 To process payments to the Customer in relation to specific sales schemes such as Mortgage , or any other approved sales support scheme.
8.22 If you are a local resident (but not purchasing a property with us) then, with your specific consent and at your request, we may share your contact details with our partners who are responsible for informing the local community of any potential disruption to road travel or other local amenity disruption. In such cases we will not store your information once we have shared your contact details with our partner. Please refer to the Privacy Notice on such community information web sites to identify the Data Controller and Data Processing Officer.
8.23 If you are purchasing from Davidsons Properties Ltd then all information provided by yourself will be shared with our parent company Davidsons Developments Ltd in order to process your sale and provide aftercare support etc. We have a defined Joint Data Processing Agreement with our parent company defining how your data can be used to fulfil our obligations to you.
8.24 If you are a tenant of a Housing Association then they may pass us your contact information so that we can a) schedule and organise our trade sub-contractors to undertake warranty work; or b) supply this to our material suppliers to provide replacement equipment.
8.25 If you participate in a special mortgage arrangement then we may share details concerning your Site / Plot (but not your direct personally identifiable information) with our Mortgage arranging partner to ensure that all payments are made in a timely manner .
9. WHERE WE STORE YOUR PERSONAL DATA
9.1. On our web sites
9.2. On our Business Servers. Our business back-office servers are located in the United Kingdom and Malta.
9.3. Third party software applications. In addition, as to the previously mentioned software applications, we also share your details with the following partners:
- Spotler (CRM)
9.4. Passwords. If we give you a password which enables you to access certain parts of the Davidsons Site or any other software used by Davidsons, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. if your password has been compromised for any reason, you should immediately contact us at: email: [email protected] or write to: FAO the Data Protection Officer, Wilson House, Leicester Road, Ibstock LE67 6HP.
9.5. Security, in summary, in accordance with Data Protection Legislation, we take all reasonable technical, organisation and security steps to ensure that the information you supply to us is secure.
9.6 Awards, Sports, Trades and Charity Events
If you are attending an Awards, Trade, Sports, Charity or other large event in association with our Group, then due to the size of the event, we may take photographs and videos in which it is not practical for us to obtain your prior written consent. Due to the nature of these ‘invitation only events’ we consider that we have a legitimate interest to capture, store and where appropriate, publicise them on our web sites and social media platforms for up to 5 years. We will endeavour to:
- Pre-warn you that photographs and video may be taken at such events in at least one invitation letter or publicity notice.
- Display an information notice showing that photography and filming is in progress at the event
- Key Person Image – only take your photo if you consent to do so. You are welcome to choose not to have your photo taken (i.e. an award photo) by informing the photographer or organiser directly. By permitting such photos to be taken we then have a legitimate interest to use such photos on our web site and social media.
We consider that we have a legitimate interest to capture, store and process all images where you may be in the background of an image, but not the key person of interest in the main photo.
Please note that the property owner / event organiser may also take their own photography and video footage for which we have no direct control or responsibility i.e. event security, publicity etc.
10. YOUR RIGHTS EXPLAINED
As a data subject under the Data Protection Legislation you have the following rights:
10.1.1 We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. As referred to above, we will only contact you for marketing purposes where you have given your express consent.
10.1.2 Where we rely on ‘Consent’ for lawful processing your information then you have the right to withdraw your consent at any time.
10.1.3 Where we rely on ‘Legitimate Interest’ for lawful processing we will always try support you with the ability to withdraw consent, where it is practical for us to do so.
10.1.4 Where we rely on ‘Contractual Agreement’ for lawful processing, then please note that you cannot withdraw your consent as we need to process your information to fulfil our contractual obligations to you.
10.1.5 You may withdraw your granular or full consent at any time by contacting our Customer Services Team or contact our Data Protection Office via the contact details above.
10.2 To ask us not to process your personal data for marketing purposes. As set out above, we will ask for your consent to contact you for marketing purposes. We will not share your information with third party marketing agencies without your consent.
10.3 Asking for your personal data. You have the right to ask us to supply to you the information we hold, this is known as a data subject access request. For further details please contact our DPO as outlined above.
10.4 Rectification of data. You have the right to ask us to rectify the data we hold if it contains inaccuracies or is incomplete. To discuss this please contact us our DPO on the contact details above.
10.5 Erasure of data. You have the right to ask us to erase the Personal Data we hold if: (i) it is no longer necessary for us to hold the data; (ii) you wish to withdraw your consent to us holding the data; (iii) you object to us holding or processing the data; (iv) you believe that we have processed the data unlawfully; or (v) the data needs to be erased for us to comply with a particular legal obligation. To make a request please contact our DPO on the contact details above.
11. Links with other websites. The Davidsons Sites may, from time to time, contain links to and from other websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these websites.
12. DISCLOSURE OF YOUR INFORMATION
Sharing your Personal Data. You agree that we have the right to share your Personal Data with:
12.1 any member of our group, which means our subsidiaries, our ultimate holding company, and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 or one of our related companies. We have defined ‘Joint Data Sharing Agreements’ between our internal divisions which defines how we share information within our Group.
12.2 other selected third parties we may share your information with include:
- National House Building Council (NHBC)
- New Homes Ombudsman Scheme (NHOS)
- New Homes Quality Board (NHQB)
- Other warranty providers
- Sales agents,
- Marketing partners & agencies,
- Business partners,
- Project Management partners undertaking community engagement
- Our service providers
- Sales Portals – to verify source of sales leads first contact; not to permit them to share this information with any other organisation.
- Mortgage partners and mortgage arranging agents
- Event organisers and catering partners at company organised events
- Suppliers and sub-contractors that we need to deal with in the performance of the contracts we enter into with them or you.
12.3 analytics and search engine providers that assist us in the improvement and optimisation of the Davidsons Site.
12.4 To a prospective buyer or seller if we sell or buy any business or assets.
12.5 If any of the shares in Davidsons are sold or substantially all of its assets are acquired by a third party, in which case Personal Data held by it about its customers will be one of the transferred assets.
12.6 If we are under a duty to disclose or share your Personal Data to comply with any legal obligation.
12.7 To enforce or apply our contract with you and other agreements; or to protect the rights, property, or safety of Davidsons, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud detection and credit risk reduction.
12.8 We may receive or share your information with strategic partners with whom we are a contractual agent to either construct, sell, provide post occupational support, or complete your new home purchase, these include:
– WesternRange Ltd
– Wilson Enterprises Ltd
– Lubenham 1 Ltd
– R2 Developments Ltd (for Customer Care)
13. OTHER EXTERNAL WEB SITES
The Davidsons Sites may use external web services from time to time to time to display content on the Davidsons Sites and/or when we send you digital brochures. By way of examples: You Tube (www.YouTube.com), Facebook (www.facebook.com) and Instagram (www.instagram.com). We cannot prevent these third-party sites, or external domains, from collecting information on your usage of this embedded content. If you are not logged in to these external services then they will not know who you are but are likely to gather anonymous usage information e.g. number of views, plays, loads etc.
14. CALL RECORDING
As referred to above we use call recording software provided . Calls are recorded to assist us in helping you with your enquiries. All call data is stored on our software partner’s systems for a period of 30 days from the date the call is made after which time it is deleted.
15 DATA RETENTION
15.1 How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
15.2 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, regulatory, tax, accounting or other requirements.
15.3 By law we must keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax and insurance purposes.
15.4 To support our 10-year warranty claims, we need to keep your information for 12 years to support any warranty claims still in progress or dispute.
15.5 With your consent we may retain event images containing your personal images for up to 10 years.
15.6 In some circumstances you can ask us to delete your data (please see your legal rights above for further information).
15.7 In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Last Updated 28/11/23 Doc Ref DGP026 V2.6f