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Privacy Policy – Marshalls Estate Agents & Property Management

privacy

Updated to include the Data (Use and Access) Act 2025

This Privacy Notice explains how we collect, use, store, and protect your personal data. Please read it carefully to understand why data is collected and how it is used.

Our website may contain links to third‑party sites. These sites are not controlled by us, and we are not responsible for their content or privacy practices.

We may update this Privacy Notice from time to time by amending this page.

1. Who We Are (Data Controller)

For the purposes of the Data Protection Act 2018, UK GDPR, and the Data (Use and Access) Act 2025 (“DUAA”), the Data Controller is:

Marshalls Estate Agents
Company No. 291062
Registered Address: Old School House, Stennack, St Ives, Cornwall TR26 1QU.

2. What Information We Collect

We collect personal data necessary to provide our services, comply with legal obligations, and operate our business. This includes:

Identity & Contact Information

Full name and contact details (including your contact number, email and postal address) to respond to any request for information or services we offer.

Compliance & Verification Data

  • Identity documents (passport, driving licence)
  • Information required under the Money Laundering Regulations 2017
  • Right‑to‑Rent documentation
  • Information on close connections for conflict‑of‑interest checks

Financial Information

Your banking details where required such as where you are letting a property or, where renting, to set up an approved tenancy deposit account for you and arrange for rental payments.

Special Category Data

Only where necessary and with explicit consent (for example, information on any access requirements you have necessary to enable us to find suitable properties for you, which may consist of special category personal data comprising details of any disability or other health information about you).

Digital & Technical Data

Usage information about your visits to our website (which enable our website to remember information about you and your preferences) and use of our site. This may include information about your visit, including the full Uniform Resource Locators (URL), clicks through to and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse‑overs), methods used to browse away from the page, and any phone number used to call our customer service number.

Other technical information, including what devices you use to connect to our services, device location data where this function is not disabled by you on your device, the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug‑in types and versions, operating system and platform.

Communications

Your communications with us, including a record of the email or telephone correspondence created when you contact us as part of a product or service query.

3. How We Collect Your Data

  • Direct interactions (forms, calls, emails, in‑branch visits)
  • Website usage and cookies
  • Digital identity verification systems
  • AML and fraud‑prevention tools
  • Third‑party referencing agencies
  • Public sources (for example, Land Registry)

4. Legal Bases for Processing

We process your data under the following lawful bases:

Contractual Necessity

It is necessary for the performance of a contract to which you are a party, or to take steps prior to entering into a contract with you, for us to provide you with our products and services.

Legal Obligation

Where we need to comply with a legal obligation, including verifying your identity, prevention of fraud and money laundering, and assessing your creditworthiness.

Legitimate Interests

It is necessary for the purposes of our legitimate interests, except where our interests are overridden by the interests, rights or freedoms of affected individuals. Our legitimate interests include processing necessary to improve and to promote our services and products, to better understand our customers’ interests and knowledge of the property market, and to administer the technical aspects of our services and products.

Consent

You have given us explicit consent to the processing of your personal data for one or more specific purposes, namely where you have given us consent to receive electronic marketing by us and/or to process your Special Category Personal Data described above. You do not need to provide us with marketing consent in order to receive our services.

Vital Interests / Public Interest

In rare circumstances, where we need to protect your interests (or someone else's interests) and/or where it is needed in the public interest or for official purposes.

5. How We Use Your Information

We will hold and use personal information about you in the following ways:

  • To fulfil our obligations to you when providing you with our property services.
  • To share your information with others where necessary to fulfil our property services for you or where acting as agent for a third party on your behalf.
  • To comply with our statutory and regulatory obligations, including verifying your identity, prevention of fraud and money laundering and to assess your credit worthiness.
  • To communicate with you during the course of providing our services, for example with your enquiries and requests.
  • For statistical purposes so we can analyse figures to help us manage our business and plan strategically for the future.
  • To provide you, or to enable third parties to provide you, with information about goods or services we feel may interest you, where you have provided permission for us to do so or, if you are an existing customer only, where we choose to contact you by electronic means (including e‑mail or SMS) with information about our own goods and services similar to those which you have already obtained from us or negotiated to obtain from us. For those marketing messages you can unsubscribe at any time.
  • To track your use of our services in order to improve them.
  • To notify you about changes to our services.
  • To ensure that content from our site is presented in the most effective manner for you and for your computer.

6. Digital Identity Verification (DUAA 2025)

Under the Data (Use and Access) Act 2025, we use approved Digital Verification Services (DVS) to verify identity documents, confirm address history, conduct anti‑money laundering and fraud checks, and validate financial information. These checks are essential for property transactions and legal compliance.

7. Automated Decision‑Making

We may use automated systems to assist with tenant referencing, credit checks and AML risk scoring. Human oversight is always maintained, and you may request a manual review of any automated decision that affects you.

8. Smart Data Schemes (DUAA 2025)

As Smart Data Schemes are introduced in the UK, we may use them to access verified customer information (with your consent), speed up referencing and onboarding, and improve the accuracy of compliance checks. We will always inform you before using any Smart Data source.

9. How Long We Keep Your Data

We will retain your personal data for different periods depending on the service you have chosen to use us for, which may be a longer period than that for which we need to hold your data to provide those services, i.e. where we are under regulatory or statutory duties to hold your data for a longer period or need to retain it in the event of a legal claim or complaint.

10. Who Your Information Will Be Shared With

We will pass your details to the following organisations (our “data processors”) who carry out certain activities on our behalf as part of us providing our services: Solicitors, Rightmove, Zoopla, OTM, Prime Location, Rent4Sure, Guild of Professional Estate Agents, GNB, Jupix, PSG, Cornishman, Matt Barter EPC, Nick Raymond EPC, Signable, Lettings Partnership, Brief Your Market, Mailchimp, I‑am‑sold, Clive Emson Auctioneers, Letmojo, Cornish Inventories, Mortgage brokers, Mortgage Valuers, General Contractors, Landlords, Worldpay, Credit Referencing Agencies, DPS, Cornwall Council, Utility Providers.

We will also pass your details where necessary to your property solicitors and those of the other party to your transaction.

We will also disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
  • If our company or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation, or to protect the rights, property, or safety of our company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

We will not share your information with third parties for marketing purposes without first obtaining your prior consent.

11. Security of Your Data

Your data will be held on secure servers within the European Economic Area (EEA) with all reasonable technological and operational measures put in place to safeguard it from unauthorised access. Where possible any identifiable information will be encrypted or minimised.

If we have given you a username and password which enables you to access certain parts of your matter on our systems, you are responsible for keeping it confidential. Please do not share it with anyone.

12. Your Rights

Access and Update

You have a right to request a copy of the personal information we hold about you, known as a data subject access request. You also have the right to request that information we hold about you which may be incorrect, or which has been changed since you first told us, is updated or removed. These requests are free of charge and can be sent to:

Mr D Marshall
Marshalls Estate Agents
6 The Greenmarket, Penzance, Cornwall TR18 2SG.

Erasure

You can ask us to delete or remove personal data where there is no good reason for us continuing to process it. We may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Withdraw Consent

You have the right at any time to withdraw any consent you have given us to process your personal data. Should you wish to do so you can change your consent preferences by contacting us at:

Marshalls Estate Agents, 6 The Greenmarket, Penzance, Cornwall TR18 2SG
Email:feedback@marshallspz.co.uk
Tel: 01736 360203.

Restrict or Object

You can ask us to suspend the way in which we are using your information in certain scenarios, or object to our processing your data where we are relying on a legitimate interest ground (or those of a third party) and you feel it impacts on your fundamental rights and freedoms, or where we are processing your personal data for direct marketing purposes.

Please note that if you want us to restrict or stop processing your data this may impact on our ability to provide our services.

Data Portability

In the event that we process your data by automated means where you have either provided us with consent for us to use your information or where we used the information to perform a contract with you, you have the right to request that we send to you or to another organisation, a copy of the personal data we hold about you.

Right to Complain Directly to Us (DUAA)

Under the DUAA Act 2025, you have the right to raise a complaint directly with us before contacting the Information Commissioner’s Office. Any queries or concerns about the way in which your data is being used can be sent to:

Mr D Marshall
Marshalls Estate Agents
6 The Greenmarket, Penzance, Cornwall TR18 2SG.

Complaints to the ICO

If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the UK data protection regulator, the Information Commissioner’s Office. Further details can be found atwww.ico.org.ukor by calling 0303 123 1113.

13. Cookies & Tracking Technologies

We use cookies to ensure website functionality, improve performance, analyse visitor behaviour and support property search features. Under the DUAA Act 2025, certain analytics and functional cookies may now be used without explicit consent. You can still manage or disable cookies through your browser settings at any time. Please read our Cookie Policy for further details.

14. Changes to This Notice

We may update this Privacy Notice to reflect legal or operational changes. The latest version will always be available on our website.

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