McCarthy Stone Resales respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
2. Important information and who we are
We are McCarthy & Stone Resales Limited with registered number 10716544 and address 4th Floor 100 Holdenhurst Road Bournemouth Dorset BH8 8AQ. You can contact the Data Protection Officer for data protection related queries via the following email contact: email@example.com
3. Purpose of this Privacy Notice
This privacy notice aims to give you information on how McCarthy Stone Resales collects and processes your personal data through your use of this website, including any data you may provide through this website when you register your interest in a McCarthy Stone Resales development or property, sign up for information from McCarthy Stone Resales or take part in a competition or survey.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
4. Who is the Data Controller
McCarthy Stone Resales is a legal entity of McCarthy Stone Group and this privacy notice is issued on behalf of the McCarthy Stone Group. When we mention “McCarthy Stone Resales”, “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the McCarthy Stone Group responsible for processing your data. McCarthy & Stone Resales Limited is the controller and responsible for this website but it may also share your personal data with other entities within the McCarthy Stone Group in order to provide you with its services.
Email address: firstname.lastname@example.org
Postal address: FAO: Data Protection Manager – McCarthy & Stone Resales, 4th Floor 100 Holdenhurst Road, Bournemouth BH8 8AQ
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
- If we have collected your personal data directly from you for our own purposes, we are the Data Controller.
- If we have purchased your personal data from a third-party for our own purposes, we are the Data Controller. Where we have purchased your personal data, we will contact you to let you know before we first start to use it, or, at the latest, within one month of acquiring it.
- If we have been passed your personal data from a third-party for our own purposes, we are the Data Controller. We will contact you to let you know before we first start to use it, or, at the latest, within one month of acquiring it.
- If we have been passed your personal data from a third-party for a joint purpose that we both influence, we are the joint Data Controller. We will contact you to let you know before we first start to use your data, or, at the latest, within one month of acquiring it.
- If your data has been passed to us by a third party for processing under their instruction, that third party is the Data Controller. They should have notified you that they would be passing your personal data to us, McCarthy & Stone Resales Limited, at the time they collected your data and within their own privacy notices/standards. For a list of Data Controllers that we process personal data for, the section below ‘Third Party Interests’.
- If we have received your personal data as part of a business to business relationship, the Data Controller is your employer.
5. Changes to the Privacy Notice
This version was last updated July 2023.
6. What are your rights?
When reading this notice, it might be helpful to understand that your rights arising under Data Protection Legislation include:
- The right to be informed of how your Personal Data is used (through this notice);
- The right to access any personal data held about you;
- The right to withdraw consent at any time, by emailing email@example.com;
- The right to rectify any inaccurate or incomplete personal data held about you;
- The right to erasure where it cannot be justified that the information held satisfies any of the criteria outlined in this policy, or where you have withdrawn consent;
- The right to prevent processing for direct marketing purposes, scientific/historical research or in any such way that is likely to cause substantial damage to you or another, including through profile building; and
- The right to object to processing that results in decisions being made about you by automated processes and prevent those decisions being enacted.
You can exercise your right to access personal data held about you by contacting firstname.lastname@example.org with the subject line: “Subject Access Request”. When you submit a ‘subject access request’, you will need to provide confirmation of your identity by including a photocopy of your driver’s license or passport. This service is provided free of charge and our response will be made within thirty (30) days, unless our Data Protection Officer deems your request as being excessive or unfounded. If this is the case, we will inform you of our reasonable administration costs in advance and/or any associated delays, giving you the opportunity to choose whether you would like to pursue your request. If you believe we have made a mistake in evaluating your request, please see the section ‘Who can you complain to?’
7. Third-Party Links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
8. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
Please note, calls to or from McCarthy Stone Resales may be recorded for training and monitoring purposes.
Where relevant we may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect the following Special Categories of Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union memberships information about your health and genetic and biometric data). Nor do we collect information about criminal convictions and offences.
|Reference||What categories of information about you do we process?||Why are we processing your data?||Where did we get your personal data from?|
||Direct marketing to former, current and prospective clients. This processing is conducted lawfully on the basis of ‘our legitimate interests’.||Directly obtained or by referral from existing clients/partners/suppliers.|
||To understand how you use our website, how you reached us and how long you spend on our website, in order to analyse our performance and improve our service. This processing is conducted lawfully on the basis of ‘our legitimate interests’.||Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection).|
||To combat fraud, we share information of clients who instruct the payment issuer to cancel payments to us without first informing us of why and/or allowing us the opportunity to issue a refund with credit reference agencies. This processing is conducted lawfully on the basis of ‘protection of your, or another’s vital interests’.||Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection).|
||When you send us information about you by posting on a forum or blog, we will store this information in order to make it available for viewing on the website. You consent is obtained at the time of posting and via reference to this notice. This processing is conducted lawfully on the basis of ‘your consent’.||Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection).|
||We might record calls for training and/or auditing purposes. We also collect Calling Line Identification information. This is used to help improve the efficiency and accountability of our customer services. This processing is conducted lawfully on the basis of ‘our legitimate interests’.||Directly obtained.|
|Email and Web Contact||
||If you contact us through our website or by email, we will use the information you send in order to respond to your enquiry or complaint. This information will be kept in order to improve our service to you overall. This processing is conducted lawfully on the basis of ‘our legitimate interests’.||Directly obtained or indirectly obtained through our website (notice given at the point of collection).|
||If you make a purchase with us, we will add your contact information to our marketing list and send you information we think you might be interested in. This processing is conducted lawfully on the basis of ‘our legitimate interests’.||Directly obtained.|
9. What are the lawful bases for processing personal data?
Under Data Protection Legislation, there must be a ‘lawful basis’ for the use of personal data. The lawful bases are :
- a) ‘your consent’;
- b) ‘performance of a contract’;
- c) ‘compliance with a legal obligation’;
- d) ‘protection of your, or anothers’ vital interests’;
- e) ‘public interest/official authority’; and
- f) ‘our legitimate interests’.
10. What happens if I refuse to give McCarthy & Stone resales Limited my personal data?
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
12. What are McCarthy & Stone Resales Limited's legitimate interests?
Legitimate interests are a flexible basis upon which the law permits the processing of an individual’s personal data. To determine whether we have a legitimate interest in processing your data, we balance the needs and benefits to us against the risks and benefits for you of us processing your data. You are able to object to our processing and we shall consider the extent to which this affects whether we have a legitimate interest.
13. What profiling or automated decision making do we perform?
McCarthy & Stone Resales Limited does not perform any profiling or automated decision making based on your personal data.
14. How is your personal data collected?
We use different methods to collect data from and about you including through:
- Direct interactions by filling in forms or by corresponding with us by post, phone, email or otherwise.
This includes personal data you provide when you:
- register your interest in one of our developments/properties via the website;
- register your interest in one of our developments/properties via the phone;
- subscribe to marketing communications or publications;
- attend an event
- enter a competition, promotion or survey; or
- give us some feedback.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
Technical Data from the following parties:
- analytics providers;
- advertising networks; and
- search information providers.
- Identity and Contact Data from data brokers or aggregators.
- Identity and Contact Data from publicly available sources.
- Identity and Contact Data via estate agent customer referrals and/or homeowner referrals
15. How we use your personal data?
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where you have provided us with your specific and informed consent;
- Where we need to perform the contract we are about to enter into or have entered into with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
- Where we need to comply with a legal or regulatory obligation.
You have the right to withdraw consent to marketing at any time by contacting us.
16. Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below:
Type of data
Lawful basis for processing including basis of legitimate interest
To input you as a new customer on our internal database
(a) Identity (b) Contact
To progress your interest in our products and services
(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications
(a) Performance of a contract with you (b) Necessary for our legitimate interests (c) Consent (where appropriate)
(a) Identity (b) Contact (c) Profile (d) Marketing and Communications
(a) Necessary to comply with a legal obligation (b) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) (c) Consent
To enable you to partake in a prize draw(s) and enter into a competition
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) (c) Consent
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Identity (b) Contact (c) Technical
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical
(a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) (b) Consent
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
(a) Technical (b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about other goods or services that may be of interest to you outside the scope of your primary request
(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. If you wish to update the nature of your consent or your communication preferences please contact 0345 556 4120.
18. Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have provided us with your specific and informed consent to receiving such marketing and, in each case, you have not opted out of receiving that marketing.
19. Third-party Marketing
We may occasionally share your personal data with companies outside the McCarthy Stone group of companies, such as Google and Facebook, for marketing purposes, however we shall always ensure that the necessary data processing agreements are in place between our businesses to ensure the security of any data processing.
20. Opting out
22. Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
23. Disclosure of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Entities within the McCarthy Stone Group
- External Third Parties as set out in the Glossary.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions and the signed data processing agreement between us and them.
24. International Transfers
Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is met:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
25. Data Security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
26. How long will your personal data be kept?
McCarthy & Stone Resales Limited holds different categories of personal data for different periods of time. Wherever possible, we will endeavour to minimise the amount of personal data that we hold and the length of time for which it is held.
- If ‘consent’ is the basis for our lawful processing of your data, we will retain your data so long as both the purpose for which it was collected, and your consent, are still valid. We review the status of your consent every twelve (12) months and treat non-response to our requests for renewal of consent as if they were your request to withdraw consent. Occasionally, we might identify a legitimate interest in retaining some of your personal data that has been obtained by consent. If we do, we will inform you that we intend to retain it under these conditions and identify the interest specifically.
- Identity, Contact and Transaction Data are held indefinitely (subject to object by the individual, or individuals having left our clients’ business) in order to provide a superior service to returning customers.
- If we process your data on the basis of ‘legitimate interests’, we will retain your data for so long as the purpose for which it is processed remains active. We review the status of our legitimate interests every twelve (12) months and will update this notice whenever we determine that either a legitimate interest no longer exists or that a new one has been found.
- All categories of personal data that are held by us because they are essential for the performance of a contract, will be held for a period of six years, as determined by reference to the Limitations Act 1980, for the purposes of exercising or defending legal claims.
27. Third Party Interests
Name of Third Party Controller
What processing are we performing for them?
If applicable – who is their representative within the EU?
HMRC, regulatory authorities or other authorities
We are joint Controller with these authorities who require reporting of processing in some situations
Where these providers act as Data Controller, we are joint Controller with them for the purposes of sending you physical documents.
We are joint Controller with this provider who provide data processing services for digital enquiries.
Brief Your Market
We are joint Controller with this provider who provide data segmentation and marketing services.
Our Data Processors
Name of Third Party Processor
Purposes for Carrying out Processing
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
We will share your data with the property management company who provides the management service at your development.
This will be either Your Life Management Services Limited or McCarthy Stone Management Services Limited depending on your development. We also use third party data processors who provide certain aspects of the services at your development, for example catering contractors or personal alarm providers. We have contracts in place with all of our data processors which means that they can only process your personal data in accordance with our express instructions. They cannot share your personal data with any other organisation apart from us and must process any personal data securely and in accordance with data protection law.
Where you have entered into a contract for us to support your house move, we may share your personal data with third parties. Such third parties could include solicitors, estate agents, removals companies, and home exchange companies.
There are also some circumstances in which we are legally obliged to share information, for example with local authorities.
We may occasionally share your information with third parties, such as Google and Facebook, for marketing purposes.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
When we provide services, we want to make them easy, useful and reliable. Where services are delivered on the internet, this sometimes involves placing small amounts of information on your device, for example, your computer or mobile phone. These include small files known as cookies. They cannot be used to identify you personally.
What is a cookie?
A cookie is a small text file that is downloaded onto ‘terminal equipment’ (e.g. a computer or smartphone) when the user accesses a website. It allows the website to recognise that user’s device and store some information about the user’s preferences or past actions.
How does a Cookie relate to your personal data?
The GDPR explicitly states that online identifiers, even if they are pseudonymous or if they do not directly identify an individual, will be considered personal data if there is potential for an individual to be identified or singled out. Therefore, any persistent cookie that is unique to the device by virtue of its attributes or stored values fits the criteria for personal data.
Which cookies do McCarthy Stone Resales use?
The below accordion details the Cookies that we use and the purpose for which this Cookie is used.
- Strictly necessary cookies
- Functional and analytics
- Marketing and tracking
30. Who can you complain to?
In addition to sending us your complaints directly to email@example.com, you can send complaints to our supervisory authority. As McCarthy & Stone Resales Limited predominantly handles the personal data of UK nationals, our supervisory authority is the Information Commissioner’s Office. If you believe that we have failed in our compliance with data protection legislation, complaints to this authority can be made by visiting ico.org.uk.