Red Kite Community Housing Limited is a controller of personal information for the purposes of the General Data Protection Regulation (‘GDPR’).
Your privacy is important to us. We only collect the information we need and will only use it for the purposes we say we will use it for. We will not share it with anyone other than who we tell you or we are legally obliged to share it with.
This Privacy Notice tells you the purposes for which we may process your personal information and the legal basis for the processing (‘processing’ includes us just keeping your personal information).
Why we collect personal information and where we get it from
For you to rent a home or garage from us we need some personal information about you. We obtain this information either directly from you or from Buckinghamshire Council when you bid on a home. This is to enable us to assess your suitability to enter into a contract with us and manage your tenancy.
We also may ask to use your personal data or ask you for more to provide details of services we, or our partner agencies, offer.
Like all Housing Associations, we also ask for personal information including Special Categories of Personal Data when you sign up to a tenancy to allow the Government to carry out analysis of social housing lettings. We will only request this on an anonymous basis.
Coronavirus pandemic (COVID-19)
During the unprecedented challenges we are all facing during the Coronavirus pandemic, we will be collecting new information to help ensure your safety and the safety of others. We will not keep this information for any longer than necessary. We do not yet know how long the pandemic will continue for, so the requirement to keep this information will be kept under review, and the retention of the data will be reviewed no later than 6 months after the UK government has declared the pandemic is over.
What information we collect
We only collect the information we need to provide services to you. This is limited to the information we need – we don’t collect information we don’t need or just in case we may need it in the future.
Legal basis for processing
We often have two main legal bases for processing personal data. Firstly, where it is necessary for the purposes of the legitimate interests pursued by Red Kite or by a third party to process your information. We can do that so long as we do not interfere with your fundamental rights or freedoms.
Secondly, because we have your consent (i.e. agreement) to us processing your personal information.
Under the GDPR, consent is a legal basis for processing personal information. You can withdraw your consent at any time. This is explained further below in the section entitled ‘Your rights under GDPR’.
The other reasons we can rely upon to process your personal information under GDPR is as follows:
- Where we are under a legal obligation or an obligation under a contract to process/disclose the information
- Where we need to protect the vital interests (i.e. the health and safety) of you or another person.
We will usually only ask Special Categories of Personal Data if there is a specific reason for this and you consent to us collecting and using this. One example is if you ask for an adaptation to your home, we may need you to provide some information about your health – but only information that is relevant to the adaptation.
The other grounds we can rely upon to process special categories of personal data are:
- Where we need to protect the vital interests (i.e. the health and safety) of you or another person;
- Where you have already made your personal information public;
- Where we or another person needs to bring or defend legal claims; and/or Substantial public interest grounds
Who we share data with and why
We only share your details to allow us to manage your tenancy and our homes. This is mainly shared with our contractors who carry out repairs or planned maintenance works. However, we only share information that is necessary for them to carry out their work. Our contractors will only use the data we provide them for the purpose we have shared it with them for – they cannot use the data for any other reason.
We may also share information with:
- Law enforcement agencies to prevent or detect crime if we are authorised to by law or if we are required to
- The Department of Work and Pensions to ensure you receive the right benefit
- Buckinghamshire Council if you apply for a new home, to tackle tenancy fraud and other legal obligations
- Utility companies such as gas, electricity and water companies to provide your name and your date of occupancy of your property
- With the Regulator of Social Housing (RSH) when monitoring Red Kite’s activities in its capacity as the regulator of Housing Associations.
Where we need your consent
We also share information with Experian, which a credit reference agency, to give details about your rent payments. This is to enable you to achieve a better credit score. We will only do this if you give us your consent to do so.
From time to time, we may pass your details to other agencies who may be able to help you (such as debt advice agencies or the Job Centre Plus). We will only do this if we have your consent to do so.
How we store your data
We store all our data on our servers which are in the UK or Ireland. We do not store or transfer data outside of the European Economic Area. We ensure everyone we share information also stores any information they hold about you within the European Economic Area.
We will only hold your records during the period of our relationship with you and for a set period afterwards to allow us to meet our legal obligations including resolving any follow up issues between us.
Your rights under the GDPR
You have a number of rights under the GDPR:
Access to personal information Under the GDPR, you have a right to ask us what personal information we hold about you, and to request a copy of your information. This is known as a ‘subject access request’ (SAR). SARs need to be made in writing and we ask that your written request is accompanied by proof of your identify. We have one calendar month within which to provide you with the information you’ve asked for (although we will try to provide this to you as promptly as possible).
Following your SAR, we will provide you with a copy of the information we hold that relates to you. This will not generally include information that relates to your property such as repair logs or details of contractor visits, as this is not considered personal information.
Rectification If you need us to correct any mistakes contained in the information we hold about you, you can let us know by contacting us using the contact details below.
Erasure (‘right to be forgotten’)
You have the right to ask us to delete personal information we hold about you. You can do this where:
- the information is no longer necessary in relation to the purpose for which we originally collected/processed it
- where you withdraw consent
- where you object to the processing and there is no overriding legitimate interest for us continuing the processing
- where we unlawfully processed the information
- the personal information has to be erased in order to comply with a legal obligation.
We can refuse to erase your personal information where the personal information is processed for the following reasons:
- to exercise the right of freedom of expression and information;
- to enable functions designed to protect the public to be achieved e.g. government or regulatory functions
- to comply with a legal obligation or for the performance of a public interest task or exercise of official authority;
- for public health purposes in the public interest;
- archiving purposes in the public interest, scientific research historical research or statistical purposes;
- the exercise or defence of legal claims; or
- where we have an overriding legitimate interest for continuing with the processing.
Restriction on processing
You have the right to require us to stop processing your personal information. When processing is restricted, we are allowed to store the information, but not do anything with it. You can do this where:
- You challenge the accuracy of the information (we must restrict processing until we have verified its accuracy)
- You challenge whether we have a legitimate interest in using the information
- If the processing is a breach of the GDPR or otherwise unlawful
- If we no longer need the personal data but you need the information to establish, exercise or defend a legal claim.
If we have disclosed your personal information to third parties, we must inform them about the restriction on processing, unless it is impossible or involves disproportionate effort to do so.
We must inform you when we decide to remove the restriction giving the reasons why.
Objection to processing You have the right to object to processing where we say it is in our legitimate business interests. We must stop using the information unless we can show there is a compelling legitimate reason for the processing, which override your interests and rights or the processing is necessary for us or someone else to bring or defend legal claims.
Withdrawal of consent You have the right to withdraw your consent to us processing your information at any time. If the basis on which we are using your personal information is your consent, then we must stop using the information. We can refuse if we can rely on another reason to process the information such as our legitimate interests.
Right to data portability
The right to data portability allows us to obtain and reuse your personal data across different services. It allows us to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way. The right only applies to personal data you have provided to us where the reason we are relying on to use the information is either your consent or for the performance of a contract. It also only applies when processing is carried out by us using automated means.
Who to contact and further information
For further information on how to request your personal information and how and why we process your information, you can contact us using the details below:
By email: firstname.lastname@example.org
By post: Data Protection Officer Red Kite Community Housing Windsor Court Kingsmead Business Park Frederick Place High Wycombe HP11 1JU
The Information Commissioner (ICO) is also a source of further information about your data protection rights. The ICO is an independent official body, and one of their primary functions is to administer the provisions of the GDPR.
You have the right to complain to the ICO if you think we have breached the GDPR. You can contact the ICO at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, or call 0303 123 1113. More information can be found on their website.