Terms & Conditions of use
You the Landlord agree that it shall be your responsibility to obtain the express consents of Tenants, prior to entering information about them on the website. This is done either by including the wording of the Tenants acknowledgement form in your Tenancy Agreement or by obtaining the Tenants signature to the form in a separate document. You must obtain a signed Tenants acknowledgement form from existing Tenants, before adding them to the website database.
You agree not to enter any Tenant score on the database contained on the website without an original signed Tenants acknowledgement form.
You agree to indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with failure by you to observe your obligations under the Data Protection Act 1998 or as contained in these terms.
It is important that any records you make about Tenants' behaviour is accurate, proportionate and justified. Making a false or vexatious report risks exposing us and you to legal action from clients for defamation and may be a criminal offence under the Data Protection Act 1998.
You warrant that any personal Tenant data you supply to us in connection with this agreement or use to select a Tenant score is correct, accurate and relevant in the circumstances.
You can rate a Tenant on a scale of 1-4 (1- Brilliant, 2-Very Good, 3 – Good and 4 – Passable) or select 5 which indicates a non-rating. Only select this option if you do not wish to rate the Tenant in question.
You agree to register your Tenant as soon as possible after obtaining a signature to the Tenants acknowledgement form and also to report and score any Tenant as soon as possible .
4. Limitation of Liability
This clause sets out our entire financial liability to you in respect of any breach of this agreement, any use made by you of the website or any part of it and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
We shall not be liable for any loss of profit; loss of business; depletion of goodwill; loss of anticipated savings; loss of contract; loss of corruption of the data or information or any other indirect, consequential or economic loss; costs; damages charges or expenses incurred by you or the Tenant.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid by you under it.
Nothing in this clause 4 operates to limit or exclude any liability for fraud.
5. Intellectual Property Rights
All intellectual Property Rights and all other rights in the website shall be owned by us, on a revocable licence to such extent as is necessary to enable you to make reasonable use of the website services. Upon your failure to pay any sums due to us under this agreement, this licence will immediately terminate.
6. No Partnership
Nothing in these terms is intended to, or shall operate to, create a partnership between us and you or authorise either of us to act as agent or the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
All Landlords and Agents please read the Data Protection policy and understand it:
Data Protection Policy
The way in which Tenants History Limited uses personal data is regulated by the Data Protection Act 1998. Please read this document very carefully as it will make you aware of your responsibilities under the Act.
If you fail to comply with the requirements of this guidance note, you risk exposing yourself and us to enforcement action by the Information Commissioner. Furthermore certain breaches of the Act can give rise to personal criminal liability for you and for us. At the very least, a breach of the Act could damage the reputation of the website and effect our ability to use personal data which would have serious consequences for our business and the industry as a whole.
Tenants History Limited has a nominated compliance officer who is responsible for ensuring that we operate in adherence with the Data Protection Principles and we help members do the same. The compliance officer is Mr Leslie Hanbury, who can be contacted at info@Tenantshistory.co.uk
What is personal data?
Personal data means information which relates to a living, identifiable individual such as names, addresses and account numbers. Images caught on CCTV cameras and recorded telephone conversations are also personal data. Personal data refers to the total volume of information held by you in respect of any data subject. In our case, this will include the personal information given to you by Tenants at the time of commencement of the tenancy, as well as your report about any adverse behaviour your Tenant displays during the term of the tenancy.
1. You must begin by complying with the eight data protection principles that are contained in the Act. These are described in more detail in the next section.
2. You must make sure that you do not obtain or disclose personal data pertaining to the website without clear authority from us. Where someone other than the Tenant requests information about a report or score you have made with us, you must check with the compliance officer whether this is authorised. Where a Tenant requests information about a report you have made on the website, you should direct them to the compliance officer.
3. The obligation not to disclose personal data without clear authority from applies even if requests are received from the police or any other government body.
There are only limited circumstances in which we can disclose personal data to these organisations and each request must be considered carefully. Check with your compliance officer before making disclosure.
The Data Protection Principles
You must comply with each of the following data protection principles. There are eight in total and these determine the way in which we may process personal data. The Act contains a very wide definition of processing which covers everything that you could possibly think of doing with the personal data, from collection to destruction.
1. Personal data must be processed fairly and lawfully
We must be able to justify any processing activity which we carry out. All decisions about what data will be processed must be taken by the compliance officer, who will decide whether or not to add a report or score the database on the website. It is particularly important to ensure we have such justification whenever we process information about an individual's behaviour, physical or mental health or condition, or criminal record or alleged criminal activity. The compliance officer will at its discretion decide whether or not to process the information once you have made a report.
2. Personal data may only be processed for specific and lawful purposes and may not be used for any other purpose
The data protection notices state our specified lawful purposes for collecting the information. The compliance officer will be responsible for seeing that this information is used lawfully.
3. Personal data shall be adequate, relevant and not exercise in relation to the purpose or purposes for which they are processed
You are advised to resist any temptation to start collecting any personal data for reporting purposes which is not required by the reporting form, even if you think it may assist. You should check with the compliance officer before you start collecting any additional personal data.
4. Personal data must be accurate and up to date
You should attempt to avoid using guess work to decipher documents which you cannot read clearly, or collect information based on hearsay as this could result in holding inaccurate information.
5. Personal data must not be kept for longer than is necessary
Any information submitted in your report will be destroyed by the compliance officer at the appropriate time. You should not keep any of the report.
6. Personal data must be processed in accordance with the rights of the data subject
Please see the next section which sets out these rights in more detail.
7. Personal data must be kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage
Your report must be submitted in accordance with the online process via the website. You should ensure that you take adequate security measures when using your computer to make a report, such as using a password and physical security measures to ensure that unauthorised staff members/the public are unable to access your machine. You should not keep any printed copies of any information you submit in a report.
8. Personal data must not be transferred to a country outside the European Economic Area unless the country provides an adequate level of protection for this personal data
It is unlikely that you will have any cause to transfer any data when using the website reporting or scoring facility.
The rights of Data Subjects
1. The right of access
Your Tenants have the right to apply for a copy of any personal data which Tenants History may hold. If you receive anything that looks like a request, whether by letter, telephone, face to face interview, fax, e-mail, etc, as before, you must pass this request immediately to the compliance officer who is under a very strict time limit to meet this request and any wasted time may harm our business.
2. Right to prevent processing
Data subjects now have the right to object to the processing of data which they think might cause them substantial damage or distress which is unwarranted. You should advise your Tenant that you intend to submit a negative score before you do so. If you receive anything that looks like a request to prevent such processing, pass it to the compliance officer. Once again we are under very strict time limits for dealing with such requests.
3. Right to compensation
The Act also gives individuals the right to claim compensation if they believe that you have committed a beach of the Act and they have suffered damage and distress as a result. Once again, if you receive such a claim you should pass it to the compliance officer immediately.
Data Protection Act registration number Z2555078
As a nationwide database enabling Landlords and letting agents to view a tenant’s current and previous address history, dates of tenancies and rating from a previous landlord/letting agents, it is important that we as a Company comply with all prevailing legislation in relation to the collection and disclosure of such information.
At Tenants History we are committed to strict compliance of the Information Commissioner’s Office, Data Protection and freedom of information regulations, and compliance with all duties under the Data Protection Act 1998. In the event of any change in legislation which affects our duties or the way we conduct our business, appropriate changes will be made by us to ensure compliance in the same manner.
METCALFES - For legal advice in England, Wales & NI
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