Definitions and interpretation

In this privacy policy, the following definitions are used:

Data

collectively all information that you submit to GetAgent via the Website. This definition incorporates, where applicable, the definitions of “personal data” and related terms under the UK GDPR and the Data Protection Act 2018;

Cookies

a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below ("Cookies");

GetAgent

"we" or "us" or "GetAgent", GetAgent Ltd, a company incorporated in England and Wales with registered number 09428979 whose registered office is at 110 Clifton Street, London, England EC2A 4HT;

UK and EU Cookie Law

the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;

UK GDPR

the retained UK version of the General Data Protection Regulation, as it applies in the United Kingdom;

DPA

the Data Protection Act 2018;

User or you

any third party that accesses the Website and is not either (i) employed by GetAgent and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to GetAgent and accessing the Website in connection with the provision of such services; and

Website

the website that you are currently using, www.getagent.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

In this privacy policy, unless the context requires a different interpretation:

• the singular includes the plural and vice versa;
• references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
• a reference to a person includes firms, companies, government entities, trusts and partnerships;
• "including" is understood to mean "including without limitation";
• reference to any statutory provision includes any modification or amendment of it;
• the headings and sub-headings do not form part of this Privacy Policy.

Scope of this Privacy Policy

This privacy policy applies only to the actions of GetAgent and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

Data collected

We may collect the following Data, which includes personal Data, from you:

• Name
• Contact Information such as email addresses and telephone numbers;
• Property Address
• IP address (automatically collected);
• Web browser type and version (automatically collected);
• Operating system (automatically collected);
• Account login and authentication information, including information we receive from third-party authentication providers, such as Google, where you choose to use them;
• Limited account information made available by a third-party authentication provider, such as your name, email address and account identifier;

in each case, in accordance with this privacy policy.

Our use of Data

For purposes of the DPA and the GDPR, GetAgent is the "Data controller".

GetAgent's lawful basis for processing Data on homeowners is based on Article 6(1)(f) of the GDPR (Legitimate interest). A Legitimate Interests Assement has been carried out.

GetAgent's lawful basis for processing Data on estate agents is based on Article 6(1)(b) of the GDPR (Contract).

Unless stated otherwise in this privacy policy, GetAgent will retain Data you submit for up to 36 months, although you have the right to request deletion before that date. Account data, including data received through third-party authentication providers such as Google, is retained for as long as needed to provide and manage your account, or for as long as needed for legal, security, fraud prevention, or operational purposes. Where you request deletion, we will delete or anonymise your personal Data unless we need to retain it for a lawful reason. For more details on your rights, see the clause below (Your rights).

Unless GetAgent are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your Data will not be disclosed to third parties.

All personal Data is stored securely in accordance with the principles of the DPA and the GDPR. For more details on security see the clause below (Security).

Any or all of the above Data may be required by GetAgent from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us GetAgent for the following reasons:

• internal record keeping;
• improvement of our products / services;

in each case, in accordance with this privacy policy.

Google Sign-In and third-party authentication providers

Some parts of the Website may allow you to create or access a GetAgent account using a third-party authentication provider, such as Google. Where you choose to sign in using Google or another third-party authentication provider, we use that provider only to authenticate you and create or access your GetAgent account.

We may receive limited account information made available by that provider, such as your name, email address and account identifier. We use this information to identify your account, help you save your progress, access your estate agent recommendations, and request valuations from selected estate agents.

We do not request access to your Google password, Gmail, Google Drive, Contacts, Calendar, or other Google services. We do not sell Google sign-in data or use it for advertising.

Where you request a valuation, account and contact details linked to your GetAgent account may be shared with the selected estate agent so they can respond to that request, as described in this privacy policy.

We process this information where necessary to provide the account features you request and for our legitimate interests in account security, preventing misuse, and operating the Website.

SMS and Voice Call Communications

If you provide your telephone number, you consent to receive SMS messages and voice calls from GetAgent Ltd to:

• send you property valuation alerts
• discuss which estate agent might best suit your needs
• offer assistance with other parts of the homeselling journey

We will only use your number for these purposes, and you can withdraw your consent at any time by emailing hello@getagent.co.uk or replying STOP to any message.

Sharing your data with third parties

Estate Agent Comparison Service

Homeowner data is shared with an estate agent when the homeowner requests a valuation from that estate agent, either on the GetAgent website or when speaking to a member of the GetAgent customer service team. The data shared with the estate agent comprises the homeseller's name, address and contact details.

If you created or accessed your GetAgent account using Google or another third-party authentication provider, the name or email address associated with your account may form part of the contact details shared with the estate agent where you request a valuation from that estate agent.

If the homeseller does not request a valuation, no homeseller personal data will be shared with the estate agent.

GetAgent works with several ancillary providers. The homeseller's personal information will only be shared with an ancillary provider if the homeseller specifically requests more information about the ancillary service, either online or on the phone with the GetAgent customer service team.

If a homeseller subsequently asks GetAgent to remove their personal data, any third party who has received the homeseller's data (as detailed above) may retain the homeseller's data.

PreMarket Service

When a Buyer requests details about a property on PreMarket, data is shared with an estate agent. This data will only be shared if and when that estate agent is instructed to market the property and is partnered with GetAgent. The data shared with the estate agent comprises the Buyer’s name, contact details, and any specific property interests they have indicated.

Third party websites and services

GetAgent may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website. The providers of such services have access to certain personal Data provided by Users of this Website.

Any Data used by such parties is used only to the extent required by them to perform the services that we request. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties will be processed within the terms of this privacy policy and in accordance with the DPA and the GDPR.

Some third party providers may be incorporated outside of the EU and/or may process Data outside of the EU. In these cases, GetAgent will ensure that any Data passed to the provider is processed in accordance with the DPA and the GDPR. Generally this will be in the form of a Data Processing Agreement with the third party.

Third-party providers GetAgent currently uses:

• Customer IO
• Xero
• Mandrill/Mailchimp
• Twilio
• Plivo
• Wootric
• Amazon Web Services
• Google
• Facebook

Links to other websites

This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

GetAgent may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of GetAgent. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

We may also disclose Data to a prospective purchaser of our business or any part of it.

In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Controlling use of your Data

Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:

• use of Data for direct marketing purposes; and
• sharing Data with third parties.

Functionality of the Website

To use all features and functions available on the Website, you may be required to submit certain Data.

You may restrict your internet browser's use of Cookies. For more information see the clause below (Cookies).

You have certain rights under the GDPR:

• Right to be informed - this Privacy Policy outlines GetAgent's purposes for processing your personal Data, GetAgent's retention periods for that personal Data, and who it will be shared with.

• Right of access - you can request a copy of your personal Data that GetAgent holds. Please email your request to hello@getagent.co.uk

• Right to rectification - if any of your personal Data that GetAgent holds is incorrect, you can ask GetAgent to correct the data. Please email your request to hello@getagent.co.uk

• Right to erasure - you can request GetAgent delete your personal Data. This request will not be unreasonably refused. Please email your request to hello@getagent.co.uk

• Right to restrict processing - you can request that GetAgent pauses processing your personal Data. Your Data will be archived until you choose to permit GetAgent to resume processing. Please email your request to hello@getagent.co.uk

• Right to object - you can object to GetAgent processing your Data (please also see Right to Erasure, above). Please email your request to hello@getagent.co.uk.

Rights that do not apply:

• Right to data portability - this right may apply where we process your personal Data by automated means and the lawful basis for processing is consent or contract. It does not apply to all personal Data we process. You can contact us at hello@getagent.co.uk if you want to make a data portability request.

• Rights related to automated decision making including profiling - GetAgent does not make automated decisions or profile using personal Data that have legal or similarly significant effects.

Data security is of great importance to GetAgent and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website. Your personal Data is encrypted in transit (via TLS) and encrypted at rest within GetAgent's database systems.

If password access is required for certain parts of the Website, you are responsible for keeping this password confidential.

We endeavour to do our best to protect your personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website.

This Website may place and access certain Cookies on your computer. GetAgent uses Cookies to improve your experience of using the Website and to improve our range of services. GetAgent has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

Transfers outside the European Economic Area

Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. These countries may not have Data protection laws equivalent to those in force in the EEA.

If we transfer Data outside the EEA in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected as outlined in this privacy policy. You expressly agree to such transfers of Data.

General

You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

GetAgent reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact GetAgent by email at hello@getagent.co.uk.

Attribution

These terms and conditions were based on a document from Rocket Lawyer (subsquently amended).