Customer Privacy notice
This privacy notice will illustrate how your personal data and, if applicable, special categories of personal data will be used by West Highland.
This Privacy Notice will provide you with information about your rights under the General Data Protection Regulation UK GDPR and the Data Protection Act 2018 Legislation and how to action these rights.
Who we are
The Link group of companies is committed to protect your privacy.
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 regarding 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 and West Highland Housing Association. Each member of the group is registered as a controller with the Information Commissioner’s Office [ICO].
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We will only collect data which is necessary for us to provide a service to you and will delete data when it becomes out of date.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.
To find out about your data is processed by a specific West Highland service, please click below:
What is data?
- Personal data
Means any identifiable information about a living person. This can include:
- Telephone number
- Date of birth
- Tenancy reference number
- National insurance number
- 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
- Sex life or sexual orientation
- Genetic or biometric data used to uniquely identify a person
West Highland Housing 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 will rely on one or more of the following conditions of processing, depending on what we are using your personal data for:
You have given your consent to the processing of your personal data.
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.
Special categories of personal data
- 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.
You have a number of rights under the Data Protection Legislation which are outlined and explained below.
- The right to be informed how your personal data is processed
This guide informs you how your data will be processed and sets out clearly Horizon's lawful basis for processing.
- The right to access your personal data
You can submit a Subject Access Request to access the personal data that Horizon holds about you. You can do this by writing to:
Managing Director or Company Secretary
Horizon Housing Association
Or emailing: email@example.com
Horizon will then have 30 days to respond to your request. As part of the subject access request process we will ask for two forms of identification to be submitted before any information is released.
- The right to rectification
If any of the personal data we hold about you is wrong, you have the right to ask us to correct it.
- The right to erasure
You may request that Horizon erase any of your personal data that is processed by us. This is also known as the ‘right to be forgotten’. Please note that this is subject to a number of exemptions and so is not an absolute right.
- The right to restrict processing
If you believe that we are processing personal data unlawfully, where it is no longer needed or think that the personal data held is inaccurate you can ask us not to process that personal data.
- The right to data portability
You can ask us to pass on the personal data we hold about you to a third party, where you have provided that personal data to us and we have been processing it to deliver a service to you.
- The right to object
You have the right to object to our processing of your personal data. However, if Horizon can demonstrate that there is an appropriate ‘condition of processing’ in place then we may refuse to stop processing your personal data.
- Rights in relation to automated decision-making and profiling
You have the right not to be subject to a decision solely based on automated processing. If a decision is made by an automated process you may ask Horizon to have the decision investigated by a member of staff.
- How to action your rights under the Data Protection Legislation
If you wish to object to the use of your personal data, would like to restrict processing or have data rectified, please contact firstname.lastname@example.org.
- The right to complain to the ICO
If you have a concern about the way Horizon is processing your personal data, you may raise a complaint with the Information Commissioner’s Office.
Information Commissioner's Office
0303 123 1113
We will never share or sell your personal data to a third party for marketing purposes.
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.
- 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:
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.
5 Years after the tenancy has ended unless there is money owed for rent
5 Years after the tenancy has ended
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
5 Years following last contact
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
Tenant Abandonment Information
Our full retention schedule is available here.
- What is the legal justification
There are a number of pieces of legislation that require us to collect the information from you
Condition of Processing
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.
This privacy notice was last reviewed on 11 February 2022