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Guardian Residential Sales

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Terms and conditions:

1. INTRODUCTION


1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.


2. LICENCE


2.1 You are permitted to print and download extracts from this Website for your own use on the following basis: no documents or related graphics on this Website are modified in any way; no graphics on this Website are used separately from accompanying text; and no video is to be copied or modified in anyway no audio is to be copied or modified in anyway all of our copyright and trade mark notices and this permission notice appear in all copies. You may not use or exploit any part of this Website for commercial purposes

2.2 Unless otherwise stated, the copyright and other intellectual property rights in the software and all material on this Website (including without limitation photographs, graphical images artwork, data compilations, audio and video material) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 2.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3 Subject to clause 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.


3. SERVICE ACCESS


3.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.


4. VISITOR MATERIAL AND CONDUCT


4.1 Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from this Website any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; for which you have not obtained all necessary licences and/or approvals; which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 4.2 or 4.3


5. LINKS TO AND FROM OTHER WEBSITES


5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page of this Website, and subject to the following conditions: you do not remove, distort or otherwise alter the size or appearance of any logo or trademarks; you do not create a frame or any other browser or border environment around this Website; you do not in any way imply that we are endorsing any products or services other than our own; you do not misrepresent your relationship with us nor present any other false, misleading, derogatory or offensive information about us; you do not otherwise use any logo or trade marks displayed on this Website without our express written permission; you do not link from a website that is not owned by you; and your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 5.2 for breach of these terms and to take any action we deem appropriate.

5.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 5.2.


6. REGISTRATION


6.1 To register on this website you must be over 18.

You can update your registration at any time at the My Account section of our website.

6.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

6.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. You are responsible for all activities that occur under your account or password.

6.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.


7. DISCLAIMER


7.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

7.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms which but for these terms and conditions might have effect in relation to this Website.


8. GOVERNING LAW AND JURISDICTION


8.1 These terms and conditions shall be governed by and construed in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the English courts for all purposes in connection with these terms and conditions and our privacy policy.


9. MISCELLANEOUS


9.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

9.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

9.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

9.4 If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation in which you breach these conditions at any time.

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Privacy Policy

This document sets out the statement of Guardian Residential Sales Ltd)
with respect to personal data and the protection thereof.

This statement is effective from 25th May 2018 (last updated 13.01.21)

1.Policy Statement
1.1 Everyone has rights with regard to the way in which their personal data is handled. During the course of our activities, we will collect,
store, process personal data from our customers, suppliers and other third parties. We recognise the importance of correct and lawful treatment of such data.
1.2 Our team are all obliged to comply with this statement when processing personal data on our behalf.
1.3 In this statement “we”, “us” and “our” refer to Guardian Residential Sales Ltd.

2.About this Statement
2.1 The types of personal data that we may be required to handle include information about current, past and prospective customers, suppliers, and others that
we communicate with. The personal data, which may be held on paper, in a cloud, or on a computer or other media, is subject to certain legal safeguards specified
in the Data Protection Act 2015 (the Act) and other regulations.
2.2 This statement and any other documentation referred to in it sets out the basis on which we will process personal data we collect from data subjects, or that is
provided to us by data subjects or other sources.
2.3 This statement sets out the rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer, and store personal data.
2.4 The Data Protection Officer (DPO) is Laura Tunnell and she is responsible for ensuring compliance with the Act and with this statement.

Definitions
Data - The information which is stored electronically, on a computer (or other media) or in certain paper based filing systems.
Data subjects - All living individuals about who, we hold personal data, not necessarily a UK national or resident.
Personal data - The data relating to a living subject who can be identified from that data (or from that data and other information in our possession).
Personal data can be factual (eg: name, address, date of birth, IP address) or it can be an opinion about that person, their actions or their behaviour.
Data controllers - The people or organisations which determine the purposes for which, and the manner in which, any personal data is processed.
They are responsible for establishing practices and policies in line with the Act. Our customers are the data controllers in our business. We can also be the data controllers
if personal data is passed onto third parties.
Data users - Those of our employees whose work involves processing personal data. Data users must protect the data they handle in accordance with this Privacy Statement
and any applicable data security procedures at all times.
Data processors - Any person or organisation that processes personal data on behalf of the data controller. We are the data processor in our business. Also data processors
can be third parties who process personal data on our behalf and on our instructions.
Processing - Any activity that involves the use of the data. It includes obtaining, recording or holding data, or carrying out any operation or set of operations on the data
including organising, amending, retrieving, using, disclosing, erasing, or destroying it. Processing also includes transferring personal data to third parties.
Sensitive personal data - Any information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental
health or condition, or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the
sentence of any court in such proceedings. Sensitive personal data can only be processed under strict instructions, including a condition requiring the express written permission of the person concerned.

4. Data protection principals
Anyone processing personal data must comply with the 8 enforceable principals of good practice. These provide that personal data must be:
  • Processed fairly and lawfully
  • Processed for limited purposes and in an appropriate way
  • Adequate, relevant and not excessive for purpose
  • Accurate
  • Not kept longer than necessary for purpose
  • Processed in line with data subjects’ rights
  • Secure
  • Not transferred to people or organisations situated in countries without adequate protection.


5. Fair and lawful processing
5.1 When processing personal data, we will ensure that it is done fairly and without adversely affecting the rights of the data subject.
5.2 Personal data will be processed lawfully and on the basis of one of the legal grounds set out in the Act. These include, among other things,
the data subject’s consent to the processing, or that the processing is necessary for the performance of a contract with the data subject, for the
compliance with a legal obligation to which the data controller is subject, or for the legitimate interest of the data controller or the party to who,
the data is disclosed. When sensitive data is being processed, additional conditions will be met. When processing personal data as data controllers,
in the course of our business, we will ensure that those requirements are met.

6. Processing for limited purposes
6.1 In the course of our business, we may collect and process personal data as we deem appropriate. This may include data we receive directly from a
data subject (eg: by completing forms or by corresponding with us by our website, mail, phone, email or otherwise) and data we receive from other sources
(eg: property search engines and others).
6.2 We will only process personal data for the specific purposes it was intended or for any other purpose specifically permitted by the Act. We will notify
those purposes to the data subject when we first collect the data or as soon as possible thereafter.

7. Notifying data subjects
7.1 If we collect personal data directly from data subjects, we will inform them about:

  • The purpose or purposes for which we intend to process the personal data.
  • The types of third parties, if any, with which we will share or to which we will disclose that personal data.
  • The means, if any, with which data subjects can limit our use and disclosure of their personal data.

7.2 If we receive personal data about a data subject from other sources, we will provide the data subject with the information in clause 7.1
as soon as possible thereafter.
7.3 We will also inform data subjects whose personal data we process that we are the data controller, with regard to that data.

8. Adequate, relevant and non-excessive processing
8.1 We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.

Accurate Data
9.1 We will take all reasonable steps to ensure that any personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data
at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out of date data.

Timely processing
10.1 We will not keep personal data longer than it is necessary for the purpose or purposes for which they were collected. We will take all necessary steps to destroy,
or erase from our systems, all data which is no longer required. We intend to and will make every effort to delete personal data from our systems as soon as possible from
the date being 7 years from the date that the data subject ceased to be a customer or another date that is deemed appropriate and in keeping with the Act.

11. “Right to be forgotten” requests
11.1 Data subjects can request that their personal data be removed. Any such requests can be done by writing to the DPO or by unsubscribing using the link in any of the emails we send out.

12. Processing in line with data subject’s rights
12.1 We will process all personal data in line with data subject’s rights, in particular their right to:

  • Request access to any data held about them by a data controller (see clause 16).
  • Prevent the processing of their data for direct marketing purposes, unless consent has been provided.
  • Ask to have inaccurate data amended (see clause 9).
  • Prevent processing that is likely to cause damage or distress to themselves or anyone else.


13.Data Security
13.1 We will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental loss or, or damage to, personal data.
13.2 We will put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data will only be transferred
to a data processor if they agree to comply with those procedures and policies, or if they put in place adequate measures themselves.
13.3 We will maintain data security by protecting the confidentiality, integrity and availability of personal data, defined as follows:

  • Confidentiality means that only people who are authorised to use data can access it.
  • Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
  • Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on our company server
    as opposed to individual pcs.

13.4 Security measures include:

  • Secure lockable desks and cupboards
  • Methods of disposal. Paper documents will be shredded. Digital storage devices will be physically destroyed when they are no longer required.
  • Equipment. Data users will ensure that individual monitors do not show confidential information to passers-by and that they log off from their pc when it is left unattended.


14. Transferring personal data to a country outside of European Economic Area.
14.1 We may transfer any personal data we hold to a country outside European Economic Area (EEA), provided that one of the following conditions applies:

  • The country to which the personal data is transferred ensures an adequate level of protection for the data subjects’ rights and freedoms.
  • The data subject has given consent.
  • The transfer is necessary for one of the reasons set out in the Act, including the performance of a contract between us and the data subject including the performance of a contract between
    us and the data subject or to protect the vital interests of the data subject.
  • The transfer is legally required on important public interest grounds or for the establishment or defence of legal claims.
  • The transfer is authorised by the relevant data protection authority where we have put in place adequate safeguards with respect to the protection of the data subjects’ privacy, their fundamental
    rights and freedoms, and the exercise of their rights.

14.2 Subject to the requirements of clause 14.1 above, personal data we hold may also be processed by partners/staff of our company operating outside of EEA.

15. Disclosure and sharing of personal information
15.1 We may disclose personal data we hold to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose personal data we hold to the prospective seller or buyer of such business or assets.
  • If the company or substantially all of our assets are acquired by a third party, in which case personal data we hold will be one of the transferred assets.

15.2 If we are under a duty to disclose or share a data subject’s personal data in order to comply with any legal obligation, or in order to enforce or apply any contract or other agreements; or to protect our rights,
property, or safety of our employees, customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
15.3 A list of possible third parties can be provided upon request

16. Dealing with subject access requests
16.1 Data subjects must make a formal request for information we hold about them. This must be made in writing and addressed to the DPO.
16.2 When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:

  • The caller’s identity has been verified to make sure the information is only given to a person who is entitled to it.
  • If we are unable to verify a caller’s identity, the request must be made in writing.


17. Changes to this statement
17.1 We reserve the right to change this statement at any time. Where appropriate, we will notify data subjects of those changes by mail or email.

Contacting us
If you have any questions about this Privacy Statement or the way we handle your personal data, please contact our DPO by either sending an email to paul@guardianresidentialsales.com or by going to the
‘contact us’ section of our website.
You can also raise any concerns with the Information Commissioner’s Office at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
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