MAGI ALEXANDER - TERMS & POLICIES
How we collect personal data from you
We may collect information about you from a variety of sources. This includes information we collect directly from you, information we collect when you view our online content and information we collect about you from other sources, including publicly available sources (for example Land Registry records).
The information we may collect
Personal data is information we collect about you which could be used to identify you. This includes:
Your contact information including name, address, email, telephone number
Your date of birth
Financial and/or bank details
ID documents such as driving licence
Photographs and details of your property
Other information which we need to perform the service you have requested
Please note that without your personal data we may not be able to provide a service to you.
Reasons we collect this information
We use your information:
To perform its contractual obligations to you whilst processing your transaction, for example, buying or selling a house
To comply with our legal obligations, for example, The Money Laundering, Terrorist Financing and Transfer of Funds (information on the Payer) Regulations 2017
To meet our legitimate interests or the legitimate interest of others which we are obliged to protect, for example, to provide and improve our services to you, or to protect our staff
To send you marketing communications if you have provided your consent
How we use this information
Depending upon which of our services you have requested or for which we have a contract in place with you, to help you sell or buy a property, we may use your personal data for the purposes of providing you with that service.
Some examples are:
Responding to your requests about properties
Conducting a market appraisal of your property
Preparing and publishing your property details
Confirming your identity
Managing your transaction
Protecting against possible money laundering and terrorist financing activities
Meeting legal obligations
Responding to requests from regulatory bodies or government departments
Delivering to you marketing content tailored to your interests if you have provided consent
How we keep your information secure
Magi Alexander is committed to keeping personal data secure. We have implemented physical, technical and administrative procedures designed to protect personal data from loss, misuse or alteration. We limit access to personal data to those within our company who have a business need. We keep personal data only for as long as reasonably necessary after the end of the transaction or relationship, or for certain categories of data longer as required by law. For anti-money laundering information this is five years and in most other cases it will be six years.
Who we might share your information with
We will never sell your personal information to anyone.
We may transfer your information if requested by government authorities, regulatory bodies or to protect Magi Alexander rights and property.
We need to engage third party service providers to perform a variety of business operations on our behalf and may need to share your personal data with them. We supply only the information they need to perform the required service and we contractually require that they protect your information in accordance with our terms and current legislation.
Some examples are:
Energy Performance Certificate assessors
Other estate agents in a chain
Software and systems providers
We may share your information with carefully selected businesses which we believe may benefit you and you have provided consent. This includes financial service providers, conveyancing services, utilities, surveyors and others who may be helpful to you.
Do we require your consent?
We do not require your explicit consent to use your information to carry out our core functions of selling and renting properties as we have a contractual need or legitimate business interest to do so. Additionally some processes are required by law, for example, anti-money laundering.
We do require your explicit consent to send you direct marketing material but information may be sent to you if it is relevant to the transaction and we consider that it will give you the best personal service. We give you the option of consenting separately to different services. You are able to opt-in if you email or write to us, and if you telephone us or call in person to our offices we will ask for your consent preferences and note this in our records.
You are entitled to update your preferences or withdraw consent in the same (or any other) way as you gave it. We will stop using your data for those purposes but if we have another lawful basis to continue using your data, we will tell you that we are doing so and why.
Your rights of access to this information and requested removal
You have the right to:
request a copy of the information we hold about you and we will supply this free of charge within 30 days
request the amendment of the personal information we hold
request the deletion of the personal information we hold. However, for some purposes, for example anti-money laundering, we are required by law to retain it. If we have shared your data with third parties we will inform them and they will also be obliged to remove your data
request transmission of your information, in a machine-readable form, to another organisation
object to marketing communications
complain to the Information Commissioner’s Office if you feel your privacy has been violated or if you believe you have suffered loss as a result of unlawful processing of your data
You should be aware that we may request proof of your identity to exercise some or all of these rights.
Terms of Website Use
Your access to and use of www.magi-alexander.co.uk (the “Web site”) are subject exclusively and strictly to these Terms & Conditions of Use. These Terms & Conditions of Use are a legal agreement between us and describe the terms and conditions applicable to your use of our web site and the services we offer.
www.magi-alexander.co.uk ("we/us") reserve the rights to:
Change or remove (temporarily or permanently) the Web site (or any part of it) without notice to you and you confirm that we shall not be liable to you for any such change or removal; and/or
Change these Terms & Conditions of Use at any time, and your continued use of the web site following any change shall be deemed to be your acceptance of such change. It is your responsibility to check the Terms & Conditions of Use regularly for changes. If you do not agree with any change to the Terms & Conditions of Use you must immediately stop using the web site.
You warrant, represent and undertake that you will use the Web site only in accordance with these Terms & Conditions of Use and only for lawful purposes and in a lawful manner
Limitation of Liability
The Web site and its contents are provided to you on an “as is” and “as available” basis without any representation, term, condition or warranty being given in relation to the Web site and its contents including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy or any implied warranty arising from course of dealing or usage or trade.
In addition, we exclude any representation or warranty that the information and/or facilities accessible via this web site are accurate, complete or current, or that this web site will be free of defects including, but not limited to, viruses or other harmful elements.
You assume all costs and risks arising as a result of its use of this web site.
We make no warranty that the Web site will meet your requirements or will be uninterrupted, timely, or error-free or that defects will be corrected.
We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Web site and have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
We will not be liable in contract, tort, negligence, for pre-contract or other representations (other than fraudulent or negligent representations) or otherwise out of or in connection with these Terms & Conditions of Use for: any economic loss (including without limitation loss of revenues, profits, contracts, business, anticipated savings, goodwill or reputation); or any special, consequential or indirect losses (however arising, including negligence) arising out of or in connection with your use of this Web site.
Nothing in these Terms & Conditions of Use shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material on the web site, the web site design, structure and graphics and all software and source codes connected with the web site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material contained within the web site is made available for your personal non-commercial use only. You may only access, view, copy and/or print pages from the web site for the sole purpose of you evaluating whether to use our services. Any other use of the material within the web site is strictly prohibited.
All content included on this web site (including, without limitation, our trade marks, logos, graphics, text, photos, designs, logos, icons, images, data and software) is our property, or belongs to our affiliates and/or licensors, and as such is protected by international and UK copyright and other intellectual property laws.
Links to other Websites
No mention of any organisation, company or individual, whether on these pages or on other web sites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organisations, companies or individuals.
We take no responsibility for anything that might occur when you visit any other web site.
When you click on a link you will leave this web site.
We provide links to third parties only as a convenience to you.
All images, photographs, descriptive matter, specifications and advertising on this web site are published for the sole purpose of giving an approximate idea of the goods and services available. They will not form part of any contract with you and no warranty or guarantee shall be expressed or implied in any contract with you to purchase any of the goods or services advertised or published on our web site.
Any prices displayed on this web site are in UK sterling, and are only valid and effective in the UK. The prices VAT at 20%, and are subject to change if the applicable rate of VAT changes before your order is accepted.
Goods and Services
If we provide any goods and/or services to you outside of the European Union you will be responsible for paying any local sales tax and/or import duties arising at the delivery destination, which are not included in the price of the products.
Where there is a delay or likelihood of delay in the supply of any goods or services, we will advise you as soon as practicable. If the goods or services cannot be delivered within days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.
Any orders you place with us will only be accepted and a contract formed once we have received payment in cleared funds. We will confirm our acceptance of your order on receipt of cleared funds by email (where a valid email address is provided).
We reserve the right at all times and at our sole discretion to refuse to accept any orders.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms & Conditions of Use by you or other liabilities arising out of your use of the Web site including your violation of any law or rights of a third party.
Each provision of these Terms & Conditions of Use shall be construed separately and independently of each other and the validity of any one part shall not affect the validity of any other part.
These Terms & Conditions of Use shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English court.
The laws of your country may be different from English law and there may be additional legal requirements for you to use our web site or services. You must comply with all applicable local and international laws, statutes, ordinances and regulations regarding your use of our web site and services and it is your responsibility to ensure that your use of our web site and services is legal.
What are Cookies?
A cookie is a small packet of data, which is stored in the users browser, as requested by a website. The data file can be retrieved next time the users returns, thus allowing the site to identify the user as the is same person. This is useful when you need to remember the states of a user’s previous activity when navigating separate pages.
Cookies are regulated by the ICO under the EU Cookie Directive. For more information visit the information commissioners office:- https://ico.org.uk/
Types of Cookie
There are three main types of cookie:-
Session Cookie – These are cookies that only last for the duration that your browser window is open. They will expire as soon as you exit your browser.
Persistent Cookie – These last indefinitely and will only be removed from the users computer when either they are deleted by the user or when they expire as set by the website. This allows a website to detect return visits.
Third Party Cookies – first party cookies are cookies that are created on the same domain as the one you are visiting. Third party cookies, are the other hand, are set by a different website (such as an embedded advertisement). Most web browsers allow you to block these types of cookie.
How Do I Control My Cookies?
In most cases browsers will offer a “do not track” option. By going to your browser settings you should also be able to delete cookies or refuse them altogether.
Types of Cookies:
Strictly Necessary Cookies: The website will not be able function without these and so they are therefore required for the website to work at all. These types of cookie do not require consent and you should avoid disabling these types of cookie.
Performance or Functional Cookies: Functionality cookies are used to save a users preference. This allows the website to be customised to the users choice. Performance cookies are those that enhance your user experience. Benchmarking data provided by these types of cookies allow website operators to identify needs of improvement.
What cookies do we use on the website?
Strictly Necessary: used as an identifier for the current user session
Performance: we use Google Analytics to review traffic on the website
Anti Money Laundering Policy Statement
Magi Alexander Ltd is committed to ensuring that it has adequate controls to counter money laundering activities and terrorist financing activities, in line with the Money Laundering Regulations 2007.
As with all Estate Agents, Magi Alexander Ltd is subject to the Money Laundering Regulations 2017. This means that we have to obtain and hold identification and proof of address for all customers. Additionally, we are also required to establish whether there are any beneficial owners on whose behalf the transaction or activity is taking place, hence, we would request you to identify anyone who you would consider to be a beneficial owner. Where appropriate, the source or destination of funds may also be requested. Without this information we will be unable to proceed with any work on your behalf.
Risk sensitive policies and procedures must be established in order to anticipate and prevent money laundering and terrorist financing.
A risk sensitive or risk-based approach is where businesses assess the risk of customers laundering money through their business. Businesses may take the starting point that most customers will not launder money but will identify criteria that would indicate a higher risk of money laundering – e.g. where there is no face-to-face meeting to establish identity.
Adherence to the “Due Diligence” identification procedures on every occasion will mitigate the risks of our business being used to launder money or fund terrorism.
We will require all clients to provide us with their full name, current home address, date of birth and length of time at their current address so we can run them through the Landmark System on a Normal risk check.
All clients, whether vendors or purchasers, must be identified using two forms of ID, one being photographic and one as evidence of residency.
Should a face to face meeting not take place then enhanced due diligence procedures will need to be adopted by asking for additional information or evidence to establish the customer’s identity, and ensuring that the documents supplied are certified.
If the verification of the customer’s identity is done by documents this should be based on a government issued document with the customer’s full name and photo with either the customer’s date of birth or residential address. We require sight of all original or certified documents (no photocopies or downloaded bills) and have the right to make copies for our file, which will be held on our file for a minimum of 5 years.
We will also undertake a Land Registry search using Landmark’s system on the property being sold.
Subject to your individual circumstances, we may liaise with you for further/other documentation. The purpose for keeping these records is to demonstrate the business’s compliance with the regulations and to aid any resulting investigations.
Additionally, we are also required to establish whether there are any beneficial owners on whose behalf the transaction or activity is taking place, hence, we would request clients to identify anyone who they would consider to be a beneficial owner. Where appropriate, the source or destination of funds may also be requested. Without this information we will be unable to proceed with any work on their behalf.
Acceptable forms of identification
Current signed passport
Valid UK driving licence
EEA member state identity card
Acceptable form of proof of address
UK/EU/EEA Drivers Licence (if UK Drivers Licence not used as ID)
Must be valid, not expired. Photo only. Full or provisional.
Bank, Building Society or Credit Union Statement
Dated within 3 months. Must include account number and show recent activity. No general correspondence.
Credit Card Statement
Dated within 3 months. Must include account number and show recent activity. No general correspondence.
UK, EU, EEA Mortgage statement
Dated within 12 months. Must show account number. No general correspondence.
Dated within 6 months E.g. Gas, electricity, water. Must show address for service and/or account number. No general correspondence.
Landline Telephone Bill
Dated within 6 months Must show address for service and/or account number. No general correspondence.
Dated within 12 months. Must show address for service and/or account number. No general correspondence.
Dated within 12 months. Must state full name and full property address. Issued by local council, housing association, solicitor or reputable letting agent.
Benefits Entitlement Letter
Dated within 12 months. Issued by DWP or Jobcentre plus. Must confirm benefit payable at time of issue. E.g. Pension, disability, single parent, housing etc.
HMRC Tax Notification
Dated within 6 months. Must state national insurance number and tax calculation. No general correspondence.
Home or Motor Insurance Certificate
Dated within 12 months. Must state insured address or registered address for vehicle and policy number. No general correspondence.
UK solicitors letter confirming house purchase/land registration
Dated within 3 months. Must state full name of new proprietor and full property address.
Official confirmation of Electoral Register entry or official poll card
Dated within 12 months. Must state full name and full address. No general correspondence.
If you are acting as a Representative of an Estate we require the following:
Grant of Probate (if a will was left)
Letter of administration (if no will left)
Individual identity evidence and proof of address for the Personal Representative, either executor or administrator
For customers other than private individuals
For customers who are not private individuals, such as corporate customers and private companies, the business must obtain information that is relevant e.g. company registration number, registered address and evidence that the individuals have the authority to act for the company – a search at Companies House will reveal details of directors and company secretary.
Suspicious Activity Reporting
A report will be made if a member of staff/ the nominated officer thinks that there is a possibility, which is more than fanciful, that a person is or has been engaged in money laundering or terrorist financing.
The report will be made to the Money Laundering Reporting Officer, Magi Alexander, who, should they be satisfied that there are grounds to suspect money laundering or terrorism, will report the matter to the National Crime Agency (NCA).
What is Suspicious Activity?
This list is by no means exhaustive.
Reluctance to provide details of their identity
Customer is trying to use intermediaries to hide their identity or involvement
There appears to be no genuine reason for the customer using the business’s services
Money is paid by a third party who does not appear to be connected with the customer
The customer requests payment to a third party who has no apparent connection with the customer
A cash transaction is unusually large and the customer will not disclose the source of funds.
A transaction is carried out for less than market value with an unconnected person
Should a report be made then it is important that this fact, and any information about the transaction in question, is kept confidential
The following records are required to be kept for 5 years:
Copies of, or references to, the evidence obtained of a customer’s identity for five years after the end of the customer relationship, or five years from the date when the transaction was completed.
Supporting records relating to a customer relationship or occasional transaction for five years from the date when the transaction was completed.
The purpose for keeping these records is to demonstrate the business’s compliance with the regulations and to aid any resulting investigations.
Magi Alexander Ltd must ensure that staff receive training about the law relating to money laundering, and how to recognise and deal with suspect transactions. Staff must attend such training, and read this policy.
Review and Revision
This policy will be reviewed as it is deemed appropriate, but no less frequently than annually.
Referral Fee Disclosure
Referral fees involving residential property sales
The following is our demonstration of our compliance with the Consumer Protection from Unfair Trading Regulations 2008. Magi Alexander refers business to external companies; we receive referral payments from some of the companies we recommend - a full disclosure is set out below:
Magi Alexander offers clients the services of First4Mortgages. When we refer clients to First4Mortgages we receive £100 per completed transaction.
Magi Alexander offers the services of The Partnership Solicitors and receives a fee of £100 per legal completion where a client instructs them to handle the conveyancing process, this is included in the solicitors quote prior to instruction.
Magi Alexander offers the services of Jonathan Mountford Services; we receive a fee of £25 per completed survey.
All clients have the option to deal with any of the above companies or seek alternative providers of these services.