Privacy

Who we are

 The Link group of companies is committed to protecting your privacy. The Link group is made up of Link Group (the parent company), Link Housing Association, LinkLiving, Link Property, Horizon Housing Association, Larkfield Housing Association, West Highland Housing Association and Lintel Trust. Each member of the group is registered as a controller with the Information Commissioner’s Office [ICO].

Each Link group company has entered into a Data Processing Agreement with the other Link companies, which sets out clearly how and why information may be shared. This ensures that we can provide you with the services you expect from us at the same time as meeting our data protection obligations.

The data protection principles set out how personal data should be managed.

1. Lawfulness fairness and transparency

We need to be clear and upfront about what we use your data for.

2. Purpose limitation

We will only use your data for specific reasons which are set out in this guide.

3. Data minimisation

We will only collect data which is necessary for us to provide a service to you and will delete data when it becomes out of date.

4. Accuracy

We will ensure that any personal data we collect is correct and up to date.

5. Storage limitation

We will keep only what’s necessary in line with our Data Retention Schedule.

6. Integrity and confidentiality

We will ensure we have appropriate security to protect the data we process about you.

We aim for this privacy notice to be clear but comprehensive and provide you with all the information you need to understand how we will manage your data.

What is Data?

Personal data

Personal data means any identifiable information about a living person. This can include:

• Name
• Address
• Telephone number
• Date of birth
• Tenancy reference number
• National insurance number

Special categories of personal data

Special categories of personal data are defined as personal data relating to a person’s:

• Racial or ethnic origin
• Political opinions
• Religious or other beliefs
• Trade Union membership
• Health
• Sex life or sexual orientation
• Genetic or biometric data used to uniquely identify a person

West Highland Housing Association is a controller of your personal data. This means that we decide the purpose and conditions of processing of your personal data.

Any supplier, contractor or other third party with whom we share data is called a processor.

What are the conditions of processing?

The conditions of processing are basically the legal reasons for processing your personal data. We have to make it very clear why we process your data. In processing your personal data or special category personal data, West Highland Housing Association will rely on one or more of the following conditions of processing, depending on what we are using your personal data for:

Consent

You have given your consent to the processing of your personal data.

Contractual

Processing of personal data is necessary for the performance of a contract with you or for us to take pre-contractual steps at your request.

Legal Obligation

Processing of personal data is necessary for us to comply with a legal obligation.

Vital Interests

Processing of personal data is necessary to protect your vital interests or another individual's vital interests (this means life or death situations).

Public Task

Processing of personal data is necessary for the performance of a task carried out in the public interest or in the exercise of official authority conferred on us.

Legitimate Interests

Processing is necessary for our legitimate interests or a third party's legitimate interests, unless these interests are overridden by your interests or fundamental rights.

Explicit Consent

You have given your explicit consent to the processing of your personal data. 

Employment Law

Processing is necessary for carrying out obligations under employment, social security or social protection law.

Vital Interest

Processing is necessary to protect your vital interests of or another person's vital interests where the data subject is physically or legally incapable of giving consent.

Legal Claims

Processing is necessary for the establishment, exercise or defence of legal claims.

Public Interest

Processing is necessary for reasons of substantial public interest, under law.

Medical Diagnosis and Treatment

Processing is necessary for the purposes of the provision of health or social care or treatment or the management of health or social care systems.

 Marketing

We will never share or sell your personal data to a third party for marketing purposes.

Security

Electronic information that contains personal information is kept in secure systems. Laptop computers and other devices which may be taken out of the office are encrypted and password protected. Any paper files containing personal information are stored in locked filing cabinets. 

 West Highland Housing Association is a Registered Charity in Scotland (SCO17357); a Registered Society under the Co-operative and Community Benefit Society Act 2014 (1691R(S)); a Registered Social Landlord under section 4 of the Housing (Scotland) Act 1988 (HEP163) and a Registered Property Factor (PF000101).

We are a subsidiary of Link Group and are based in Oban covering the West Highlands and Inner Hebridean Isles.

As a Registered Social Landlord we provide properties for social rents across our operating area. 

This work includes the development of new properties for rent, planned and reactive maintenance of our assets, managing allocations of property from the Home Argyll Common Housing Register and Tenancy Management and support services.

What data we need

To allow us to provide the service you would expect from us, we process the personal information you provide us with, which includes:

• your name (and any previous names);
• address (and previous address information);
• telephone number(s);
• e-mail address;
• national insurance number;
• date of birth;
• details of your next of kin;
• names and dates of birth of those living in the property with you;
• notes from conversations we have with you in relation to arrears or complaints;
• details of when you have contacted us to request a service, for example to request a repair or for a housing officer to call/visit you.
• next of Kin/Power of Attorney/Guardianship
• details of Relevant Medical Conditions, support needs and mobility issues
• if you are a registered offender
• bank details

Why we need it

As a Registered Social Landlord we collect this information as the tenancy agreement we have with you is a legally binding contract.  We need the information to make sure we are abiding by the law in providing you with the house in the first place and then to allow us to continue to provide you with the services and support required by that contract.

As a tenant you have a number of rights and we need to make sure that you are aware of them if your circumstances change and this information allows us to do that.

 As a landlord we also have a duty to charge and collect a fair rent for the property, we use the information you provide to make sure we keep in touch with you and keep you informed of any action, including legal action we are taking if we have not been able to collect the rent for the property.

As your landlord we are also responsible for carrying out repairs to your property or improvements such as new kitchens, bathrooms or double glazing and the information you provide is used to organise this work.

We also collect some information that is called ‘special category data’.  We collect this as we are legally required to make sure we provide services fairly and equally. 

This information is also collected prior to allocating someone a house to comply with legislation in making sure those in priority need are considered for a tenancy.

This will include information such as:

• ethnicity;
• disability;
• religion;

We do not share this information, and disability and ethnicity information is reported in an anonymous format to the Scottish Housing Regulator annually.

Where we store your data

We store your information in what is called a ‘Housing Management System’ – this is basically a large database, an electronic information storage system.  We also keep some information on paper based forms; these are stored in our office. It’s also possible, if you have contacted us by email, that some information will be held in the email system. 

 We also have an electronic filing system or document management system, where any forms or correspondence are scanned and stored.

 Your Housing Application information may also be held on Argyll and Bute Council’s Home Argyll online Application system to which we have access.

How long we will keep your information

We continually look at how long we hold onto information you have provided to us and how long it should be kept for.  Generally, once it has served its purpose it will be destroyed, however there are some instances when we will need to keep some of the information you have supplied.  For example, once your tenancy has ended we will only keep any information received during that tenancy for 5 years, unless you left owing money for rent or repairs.  If money is due, we will hold on to the relevant information required to help us to pursue that debt.

We will generally keep your information for the following minimum periods after which this will be destroyed if it is no longer required for the reasons it was obtained.

Document Type	Retention Period
Tenancy agreement	5 Years after the tenancy has ended unless there is money owed for rent
Tenancy forms	5 Years after the tenancy has ended
Correspondence	5 Years after the tenancy has ended
Stage 2 complaint investigation and correspondence	5 Years after the tenancy has ended if appropriate to allow for escalation to Scottish Public Services Ombudsman
Membership Record	5 Years following last contact
Housing Application	5 Years following last contact
Housing Benefit Notifications	Duration of Tenancy
Anti-Social Behaviour Case File	5 Years after the tenancy has ended or end of legal action
Tenant Eviction Case File	7 Years
Tenant Abandonment Information	5 Years

 Our full retention schedule is available here. 

What's the legal justification?

There are a number of pieces of legislation that require us to collect the information from you

Data Type	Condition of Processing
Personal Data	The Housing (Scotland) Act 1987 (as amended) The Housing (Scotland) Act 2001 The Housing (Scotland) Act 2006 The Housing (Scotland) Act 2014 (once enacted)
Special Category Data	The Housing (Scotland) Act 2001, section 105 The Scotland Act 1998, Schedule 5, section L2 The Equality Act 2010

Sharing your Information

The information you provide to us will be treated by us as confidential.

We will disclose your information to third parties who act for us for the purposes set out in this notice or for purposes approved by you, including the following:

• repair contractors; to carry out repairs to your property or home improvements
• any company we engage to carry out surveys; for example where we are proposing a change to a policy and are legally required to consult with our tenants or where we need to how well we are carrying out repairs and maintenance
• local authorities; this will include notifying council tax departments of when you leave a property or start a tenancy
• police (if necessary for the prevention or detection of crime);
• Department of Work and Pensions; where we are assisting you in making a benefit claim or trying to resolve an issue of unpaid rent due to a benefit claim
• utility companies (where you have left the property)

Receiving data about you

We will also, where appropriate, receive the following information from third parties:

• benefits information, including awards of Housing Benefit/Universal Credit;
• payments made by you to us via your bank, allpay or post office
• complaints or other communications regarding behaviour or other alleged breaches of the terms of your contract with us, including information obtained from Police Scotland;
• reports about your conduct or condition of your tenancy, including references from previous tenancies, and complaints of anti-social behaviour.

Updating your information

If your details change, please contact 0300 323 11 70 to inform us to ensure that all of the information we hold about you is up to date.