Website Privacy Notice

We are TheTenancyAgreementProject.co.uk, a trading style of Automate Legal Limited. We’re a company registered in England and Wales with company number 10502651, whose registered address is at 5 Beaumont Gate, Shenley Hill, Radlett, Hertfordshire, England, WD7 7AR. In this privacy notice, we will refer to ourselves as ‘we’, ‘us’ or ‘our’. We are the Data Controller of the personal information we collect, hold and use about you, as explained in this notice.

You can get hold of us in any of the following ways:

1. by phoning us on 0800 772 3386; or
2. by emailing us at info@automatelegal.com.

This privacy notice is designed to inform you about how we collect personal information about you and how we use that personal information. You should read this privacy notice carefully so that you know and can understand why and how we use the personal information we collect and hold about you.

If you have any questions about this privacy notice or issues arising from it, you should contact Ryan Hockley, who is responsible for matters relating to data protection at our organisation, including any matters in this privacy notice. You can contact him using the details set out above.

We may update this privacy notice from time to time. This version was last updated on 4 December 2018.

1           Key definitions

1.1           The key terms that we use throughout this privacy notice are defined below, for ease:

1.1.1      the AST Project: this is the assured shorthold tenancy review project as more fully described on the Website and in the website terms and conditions.

1.1.2      AST Project Partners: means our collaboration partners in the AST Project which shall include university law schools, legal technology platform providers and other third parties.

1.1.3      Data Controller: this is the organisation or person responsible for deciding how personal information is collected and stored and how it is used.

1.1.4      Data Processor: a Data Controller may appoint another organisation or person to carry out certain tasks in relation to the personal information on behalf of, and on the written instructions of, the Data Controller. (This might be the hosting of a site containing personal data, for example, or providing an email-marketing service that facilitates mass distribution of marketing material to a Data Controller’s customer base.)

1.1.5      personal information: in this privacy notice, we refer to your personal data as ‘personal information’. ‘Personal information’ means any information from which a living individual can be identified. It does not apply to information that has been anonymised.

1.1.6      the Website: means www.TheTenancyAgreementProject.co.uk and www.TheTenancyAgreementProject.com.

2           Details of personal information that we collect and hold about you

2.1           Set out below are the general categories and details of retention periods in relation to those categories (see section 6 below for more details about retention) and in each case the types of personal information that we collect, use and hold about you:

General Category

Types of Personal Data in that category

Retention Periods

Identity information

 

This is information relating to your identity such as your name

The duration of the project plus up to 6 years following termination of the project.

Contact information

 

This is information relating to your contact details such as email address

The duration of the project (or earlier if directed by you)

Account information

 

This is information relating to your account with us (including username and password)

The duration of the project (or earlier if directed by you)

Transaction information

 

This is information relating to transactions between us such as details of the goods, services and/or digital content provided to you and any returns details

The duration of the project plus up to 6 years following termination of the project.

Survey information

 

This is information that we have collected from you or that you have provided to us in respect of surveys and feedback

The duration of the project plus up to 6 years following termination of the project.

Assured Shorthold Tenancy Agreements (ASTs)

Our website terms require all ASTs to be fully anonymised prior to upload to our website. If any ASTs are uploaded in breach of this requirement, they might contain personal data relating to the uploader or third parties.

The duration of the project plus up to 6 years following termination of the project.

3           Details of how and why we use personal information

3.1           We are only able to use your personal information for certain legal reasons set out in data protection law. There are legal reasons under data protection law other than those listed below; but, in most cases, we will use your personal information for the following legal reasons:

3.1.1      Contract Reason: this is in order to perform our obligations to you under a contract we have entered into with you;

3.1.2      Legitimate Interests Reason: this is where the use of your personal information is necessary for our (or a third party’s) legitimate interests, so long as that legitimate interest does not override your fundamental rights, freedoms or interests;

3.1.3      Legal Obligation Reason: this is where we have to use your personal information in order to perform a legal obligation by which we are bound; and

3.1.4      Consent Reason: this is where you have given us your consent to use your personal information for a specific reason or specific reasons.

3.2           In order for you to participate in the AST Project and receive project outputs, we will need your personal information.

3.3           If any of your personal information changes, please contact us as soon as possible to let us know. If you do not do this, then we may be prevented from updating you in relation to the AST Project (for example, if you change email address and do not tell us).

3.4           Where we rely on consent for a specific purpose as the legal reason for processing your personal information, you have the right under data protection law to withdraw your consent at any time. If you do wish to withdraw your consent, please contact us using the details set out at the beginning of this notice. If we receive a request from you withdrawing your consent to a specific purpose, we will stop processing your personal information for that purpose, unless we have another legal reason for processing your personal information – in which case, we will confirm that reason to you.

3.5           We have explained below the different purposes for which we use your personal information and, in each case, the legal reason(s) allowing us to use your personal information. Please also note the following:

3.5.1      if we use the Legitimate Interests Reason as the legal reason for which we can use your personal information, we have also explained what that legitimate interest is; and

3.5.2      for some of the purposes, we may have listed more than one legal reason on which we can use your personal information, because the legal reason may be different in different circumstances. If you need confirmation of the specific legal reason that we are relying on to use your personal data for that purpose, please contact us using the contact details set out at the start of this privacy notice.

Purpose

Legal reason(s) for using the personal information

To enrol you in the AST Project and to generate and maintain user credentials for the Website

Contract

Legitimate Interests

Consent

To process any data and/or AST contracts that you upload using the Website which includes advising you of any updates in relation to your participation

Contract

Legitimate Interests

Consent

To manage our contract with you and to notify you of any changes

Contract

Legal Obligation

For record keeping

Contract

Legal Obligation

To improve the AST Project

Legitimate Interests

To ensure the smooth running and correct operation of our website

Legitimate Interests

3.6           We will anonymise all personal information provided and used for the AST Project (excluding personal information relating to your access to the AST Project) so that you can no longer be identified from it and use this for our own purposes. In addition, we will use some of your personal information together with other people’s personal information to give us statistical information for our own purposes and for sharing with the AST Project Partners. Because this is grouped together with other personal information and you are not identifiable from that combined data we are able to use this.

3.7           Under data protection laws, we can only use your personal information for the purposes we have told you about, unless we consider that the new purpose is compatible with the purpose(s) we told you about. If we want to use your personal information for a different purpose that we do not think is compatible with the purpose(s) we told you about, then we will contact you to explain this and what legal reason is in place to allow us to do this.

3.8          We may receive website, device and technical information automatically from technologies such as cookies that are installed on our website.

3.9          The Website uses a cookie, called DYNSRV, which is provided by our website hosting company. This cookie is added by our load balancer to track which web server to send the visitor to. Its purpose is to improve the performance of the website. It lasts for the duration of the session.

4           Details about who personal Information may be shared with

4.1           We do not sell or trade any of the personal information that you have provided to us.

4.2           We may need to share your personal information with other organisations or people. These organisations include:

4.2.1      third parties who are not part of our group. These may include:

(a)   suppliers: such as IT support services, administration providers, marketing agencies; and

(b)   AST Project Partners: including university law departments and legal technology vendors; and

4.2.2      any organisations that propose to purchase our business and assets, in which case we may disclose your personal information to the potential purchaser.

4.3           Depending on the circumstances, the organisations or people who we share your personal information with will be acting as either Data Processors or Data Controllers. Where we share your personal information with a Data Processor, we will ensure that we have in place contracts that set out the responsibilities and obligations of us and them, including in respect of security of personal information.

5           Details about transfers to countries outside of the EEA

5.1           We do not transfer your personal information outside of the EEA.

6           Details about how long we will hold your personal information

6.1           We will only hold your personal data for as long as is necessary. How long is necessary will depend upon the purposes for which we collected the personal information (see section 2 above) and whether we are under any legal obligation to keep the personal information (such as in relation to accounting or auditing records or for tax reasons). We may also need to keep personal information in case of any legal claims.

6.2           We have set out above the details of our retention periods for different types of data. You can find them in section 2.

7           Your rights under data protection law

7.1           Under data protection laws, you have certain rights in relation to your personal information, as follows:

7.1.1      Right to request access: (this is often called ‘subject access’). This is the right to obtain from us a copy of the personal information that we hold about you. We must also provide you with certain other information in response to these requests to help you understand how your personal information is being used.

7.1.2      Right to correction: this is the right to request that any incorrect personal data is corrected and that any incomplete personal data is completed.

7.1.3      Right to erasure: (this is often called the ‘right to be forgotten’).This right only applies in certain circumstances. Where it does apply, you have the right to request us to erase all of your personal information.

7.1.4      Right to restrict processing: this right only applies in certain circumstances. Where it does apply, you have the right to request us to restrict the processing of your personal information.

7.1.5      Right to data portability: this right allows you to request us to transfer your personal information to someone else.

7.1.6      Right to object: you have the right to object to us processing your personal information for direct marketing purposes. You also have the right to object to us processing personal information where our legal reason for doing so is the Legitimate Interests Reason (see section 4 above) and there is something about your particular situation that means that you want to object to us processing your personal information. In certain circumstances, you have the right to object to processing where such processing consists of profiling (including profiling for direct marketing).

7.2           In addition to the rights set out in section 7.1, where we rely on consent as the legal reason for using your personal information, you have the right to withdraw your consent.

7.3           If you want to exercise any of the above rights in relation to your personal information, please contact us using the details set out at the beginning of this notice. If you do make a request, then please note:

7.3.1      we may need certain information from you so that we can verify your identity;

7.3.2      we do not charge a fee for exercising your rights unless your request is unfounded or excessive; and

7.3.3      if your request is unfounded or excessive, then we may refuse to deal with your request.

8           Marketing

8.1           We will not use your personal information for marketing purposes.

9           Complaints

9.1           If you are unhappy about the way that we have handled or used your personal information, you have the right to complain to the UK supervisory authority for data protection, which is the Information Commissioner’s Office (ICO). Please do contact us in the first instance if you wish to raise any queries or make a complaint in respect of our handling or use of your personal information, so that we have the opportunity to discuss this with you and to take steps to resolve the position. You can contact us using the details set out at the beginning of this privacy notice.

10        Third-party websites

10.1        Our website may contain links to third-party websites. If you click and follow those links, then these will take you to the third-party website. Those third-party websites may collect personal information from you and you will need to check their privacy notices to understand how your personal information is collected and used by them.