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GDPR & Data Privacy For Applicants

Rentchecks overriding priority is to ensure that applicant data is respected & protected at all times. This ethos has been followed since our origins in 2003 however this guide formally documents your obligations, rights & expectations as a stakeholder in the pre-tenancy/lease assessment process.

Application Data
As an applicant you can be assured that you have the option of safeguarding your personal data by selecting from one of two security options when completing our electronic, paper or PDF application forms.


Option 1: Prevents us from sharing your application data with a third party landlord or professional agent

Option 2: Permits us to share your application data with a third party landlord or professional agent

Once we have captured & processed your personal data we will add it only to a compliant, secure server for the purpose of assessing your suitability for the property proposed on the application. Once this process is complete we will destroy your data including any associated identification & financial documentation, the application contents & your contact details.

Final Report
The final report consists of a summarised recommendation based on the findings of our assessment processes. We do not include information that will in any way compromise your personal identity, digital safety or UK/EU rights. This includes the omission of specific bank account, identity, employment, & public record data. Public debt records are summarised within the final report however we do not include Court case numbers or Judgment dates however their presence on your credit file will be flagged for the purpose of clarity.

Your Rights
You have the right to request via email a copy of any data processed or relied on during the assessment process & we will make this available electronically within 5 days of the request being made.

You have the right to request a copy of your final report & you are entitled to transfer the report to a third party landlord or agent

You have the right to request that we amend any inaccuracies or errors held in relation to you. We must pass these requests to third parties such as credit bureaus or data sources once received

You have the right to request that we delete specific data held in relation to you. This does not apply to public records eg court judgments, bankruptcy, default or fraud awareness records

References
We request references from specific parties who are qualified to assist us with the verification of your income, historical tenancy behaviour & your character. The information relayed to these referees is limited to your name only. We promise never to divulge any specific details relating to you or the proposed property. References are captured electronically (via email or digital voice recording) & are used for the purposes of fraud detection & pre-tenancy/lease assessment. A copy of these references will be forwarded with your final report only when you have authorised this release on your initial application form.

GDPR & Data Privacy For Landlords

Rentchecks overriding priority is to ensure that applicant data is respected & protected at all times. This ethos has been followed since our origins in 2003 however this guide formally documents your obligations, rights & expectations as a landlord utilising the Rentchecks tenancy/lease assessment service.

The General Data Protection Regulation (link is external) (GDPR) will apply from 25 May 2018 across all European Union markets. This includes the UK, despite its plans to leave the European Union.

Whilst we offer a selection of services aimed at UK & overseas commercial & individual entities our Terms of Service & data priviacy requirments apply to every applicant type. As a landlord using the Rentchecks service you agree therefore to follow our lead & respect your applicant's personal data throughout & after the assessment processing period.

If you are not based within the EU, you will still have to comply with the regulation if you collect, share and use personal data of EU citizens. Here, we summarise the steps you should take to prepare for the changes ahead of May 2018 deadline and beyond.

Rentchecks' legal basis for collecting, processing & storing a propsective tenant's data falls into the below categories:

  • Consent of the individual
  • Contractual necessity
  • Compliance with legal obligations

We are reliant on you obtaining explicit consent from your applicant & therefore recommend that you only use Rentchecks.com GDPR compliant application forms to collect & transmit client data.

If you use your own forms or data collection methodology you must ensure that the applicant's consent is explicit & this is best done via open communication & understanding between landlord & tenant. Essentially, consent must be:

  • Freely given-Do not use pre-ticked opt in/authorisation boxes
  • Specific & informed-The prospective tenant must know exactly what they are agreeing to. Consent is an unambiguous indication of the individual’s wishes

Under GDPR, consent also requires some form of clear affirmative action. This means that you cannot presume consent from silence or inactivity. You will have to be able to demonstrate that consent has been given. This generally means that you will have to keep some form of record of how and when you have sought and received consent. In addition to our Terms of Service you are obligated under European GDPR regulations to follow additional data protection & privacy best practice procedures as outlined below:

The GDPR introduces greater rights for your applicants. We advise you to check your procedures and systems to ensure they align to the new or enhanced rights under the General Data Protection Regulation, including:

  • 1. Subject access right (SAR)
  • 2. Right to have inaccuracies corrected
  • 3. Right to have information erased
  • 4. Right to prevent direct marketing
  • 5. Right to prevent automated decision-marking and profiling
  • 6. Right to data portability

Applicants & tenants processed via Rentchecks can be directed to us where they have issues or requests relevant to 1,2,3,5 & 6. Your priority is to ensure that you regulate any opt in marketing & clearly inform all applicnt's of their right to see their final report & take this to a new landlord or agent should they so wish.

This guide is here to assist you however we advise you to contact us at gdpr@rentchecks.com if you have any queries.
Particular attention is drawn to those using our International services from outside of the EU as you may have very little information relating to the new European data processing requiremnts & the implications on your business regardless of geographic location.

GDPR & Data Privacy For Letting Agents

Rentchecks overriding priority is to ensure that applicant data is respected & protected at all times. This ethos has been followed since our origins in 2003 however this guide formally documents your obligations, rights & expectations as an estate or letting agent utilising the Rentchecks tenancy/lease assessment service.

The General Data Protection Regulation (link is external) (GDPR) will apply from 25 May 2018 across all European Union markets. This includes the UK, despite its plans to leave the European Union.

Whilst we offer a selection of services aimed at UK & overseas commercial & individual entities our Terms of Service & data priviacy requirments apply to every applicant type. As an agent using the Rentchecks service you agree therefore to follow our lead & respect your applicant's personal data throughout & after the assessment processing period.

If your business is not in the EU, you will still have to comply with the regulation if you collect, share and use personal data of EU citizens. Here, we summarise the steps you should take to prepare for the changes ahead of May 2018 deadline and beyond.

Rentchecks' legal basis for collecting, processing & storing a propsective tenant's data falls into the below categories:

  • Consent of the individual
  • Contractual necessity
  • Compliance with legal obligations

We are reliant on you obtaining explicit consent from your applicant & therefore recommend that you only use Rentchecks.com GDPR compliant application forms to collect & transmit client data.

If you use your own forms or data collection methodology you must ensure that the applicant's consent is explicit & this is best done via open communication & understanding between landlord/agent & tenant. Essentially, consent must be:

  • Freely given-Do not use pre-ticked opt in/authorisation boxes
  • Specific & informed-The prospective tenant must know exactly what they are agreeing to. Consent is an unambiguous indication of the individual’s wishes

Under GDPR, consent also requires some form of clear affirmative action. This means that you cannot presume consent from silence or inactivity. You will have to be able to demonstrate that consent has been given. This generally means that you will have to keep some form of record of how and when you have sought and received consent. In addition to our Terms of Service you are obligated under European GDPR regulations to follow additional data protection & privacy best practice procedures as outlined below:

The GDPR introduces greater rights for your applicants. We advise you to check your procedures and systems to ensure they align to the new or enhanced rights under the General Data Protection Regulation, including:

  • 1. Subject access right (SAR)
  • 2. Right to have inaccuracies corrected
  • 3. Right to have information erased
  • 4. Right to prevent direct marketing
  • 5. Right to prevent automated decision-marking and profiling
  • 6. Right to data portability

Applicants & tenants processed via Rentchecks can be directed to us where they have issues or requests relevant to 1,2,3,5 & 6. Your priority is to ensure that you regulate opt in marketing & clearly inform all applicnt's of their right to see their final report & take this to a new landlord or agent should they so wish.

This guide is here to assist you however we advise you to contact us at gdpr@rentchecks.com if you have any queries.
Particular attention is drawn to those using our International services from outside of the EU as you may have very little information relating to the new European data processing requiremnts & the implications on your business regardless of geographic location.

Add On Solutions

Users requiring a swift assessment of a prospective tenant can obtain an Express Report by submitting the applicant's details online or via fax.

The Express Report can be delivered via E-mail or fax within 2 hours (When submitted Mon-Fri 0900-1700). This Report includes a 6 year credit history report detailing CCJs, defaults, bankruptcies, adverse data and final score. Please note that references or referees are not verified within this Report. If full referencing is required, an Advanced Report should be ordered.

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