PRIVACY POLICY
Introduction
This Privacy Policy is provided by KM&JM PROPERTY LTD T/A LUX & LISTED STAGING SOLUTIONS, a company incorporated in England and Wales with company number 16873762 and its registered office at Unit 1 Christchurch House Sir Thomas Longley Road, Medway City Estate, Rochester, England, ME2 4FX ("Company", "we", "our" or "us"). Company operates a website https://www.luxandlisted.co.uk/ through which prospective clients can submit enquiries and arrange appointments for professional property styling and staging services, including home staging consultations, signature styling and premium styling packages for properties being prepared for sale, letting or short-term rental (the "Website").
We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on how and why we collect, store, use and share any information relating to you (your personal data).
It also explains your rights in relation to your personal data and how to contact us or the relevant regulator in the event you have a complaint. Our collection, storage, use and sharing of your personal data is regulated by law, including under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
In relation to the Website, Company is the controller for personal data processed to operate the Website, respond to and manage client enquiries submitted via the enquiry form, arrange and manage property visits and styling appointments, communicate with prospective and existing clients, provide property styling and staging services, and prevent fraud and misuse. We use third-party service providers to support these activities (including website hosting, communications, analytics providers and customer support tools), who will process personal data on our behalf as processors where applicable.
1. WHAT THIS POLICY APPLIES TO
This privacy policy relates to (a) your use of the Website and any related web features we make available, and (b) personal data processed when you submit an enquiry via our Website enquiry form, including contact details, property details, service requirements, budget guidance and any photos or additional information you choose to provide, and (c) personal data processed in connection with arranging and managing property styling appointments and delivering our services to you.
The Website may link to other websites owned and operated by third parties. Those other websites may gather information about you in accordance with their own separate privacy policies. For privacy information relating to those other websites, please consult their privacy policies as appropriate. For more information see the section 'Who we share your personal data with' below.
2. PERSONAL DATA WE COLLECT ABOUT YOU
Where you submit an enquiry via our Website enquiry form, we collect the personal data you provide in that form, including: your full name, email address and telephone number; your property address, property type, number of bedrooms and current occupancy status; details of the service you are interested in and your property goals; your preferred timeframe; and any additional information you choose to provide in the free-text field, including any photographs of your property you choose to upload. Where you proceed to book and pay for our services, we also collect payment records and invoicing information in connection with your booking. Providing this information is voluntary, but without it we may be unable to respond to your enquiry or provide our services.
We may also collect, use and share aggregated and anonymised data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity. For example, we may aggregate Website usage data to analyse trends and improve the Website and our services.
We collect and use this personal data for the purposes described in the section 'How and why we use your personal data' below.
4. SENSITIVE DATA
Sensitive personal data (also known as special category data) means information related to personal data revealing racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic data; biometric data (where used for identification purposes); data concerning health; data concerning a person's sex life; and data concerning a person's sexual orientation.
We do not require special category data to provide our property styling services and we ask that you do not provide it. However, you may voluntarily include information in the free-text field of our enquiry form or in correspondence that incidentally reveals health information or other special category data (for example, accessibility requirements relevant to a property visit). Where special category data is incidentally provided, we will process it only to the extent necessary to respond to your enquiry or deliver the relevant service, and only where a lawful basis and an additional UK GDPR condition applies, for example with your explicit consent or where processing is necessary for the establishment, exercise or defence of legal claims.
Please do not provide special category data to us via the Website or in communications unless it is specifically requested or necessary for the relevant purpose. If you voluntarily provide special category data, we will handle it in accordance with this Privacy Policy and applicable law.
If you contact us by telephone, we may make a note of the contents of that call for the purposes of responding to your enquiry and managing our relationship with you. We do not record telephone calls unless we notify you that we are doing so.
5. HOW YOUR PERSONAL DATA IS COLLECTED
We use different methods to collect data from and about you including through:
(i) Your interaction with us: We collect personal data from you directly when you submit an enquiry via our website enquiry form, correspond with us by email, telephone or via social media, arrange or attend a property styling appointment, receive our services, or otherwise contact us.
(ii) Automated technologies or interactions: As you interact with the Website, we will automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
6. HOW AND WHY, WE USE YOUR PERSONAL DATA
Under data protection law, personal data may only be processed where there is a lawful basis. Company acts as a controller for processing necessary to operate the Website and provide our property styling services (including responding to and managing enquiries, arranging and managing appointments, delivering styling services, communicating with clients and marketing our services where permitted). Where Company acts as a controller, we rely on one or more of the following lawful bases:
(i) where you have given consent
(ii) to comply with our legal and regulatory obligations
(iii) for the performance of a contract with you or to take steps at your request before entering into a contract, or
(iv) for our legitimate interests or those of a third party
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You can obtain details of this assessment by contacting us (see 'How to contact us' below).
The table below explains what we use your personal data for and why.
See 'Who we share your personal data with' for further information on the steps we will take to protect your personal data where we need to share it with others.
7. MARKETING
We may send you communications about our services, appointment and enquiry updates, service announcements and insights, and (where permitted) promotional offers.
Where required by law (including under PECR), we will obtain your consent before sending you direct marketing by email, SMS, push notification or similar electronic means. Where consent is not required, we may send marketing on the basis of our legitimate interests, subject to applicable law and your right to opt out at any time. We will also seek consent where required for non-essential cookies or similar technologies used on the Website, and we maintain records of your marketing and consent preferences.
You will have the right to opt out of receiving marketing communications at any time by:
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contacting us at karen@kmjmproperty.co.uk
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using the 'unsubscribe' link included in all marketing emails you may receive from us
We will not sell your personal data to third parties for their own direct marketing purposes.
Photography and portfolio use: We may photograph completed styling projects (including images of your property) for our portfolio, website, social media and other promotional purposes. We rely on our legitimate interests in marketing and promoting our services as the lawful basis for this processing, having balanced those interests against your rights and interests; the images used for this purpose show the styled property and do not identify you. You have the right to object to this processing at any time, and you may also ask us not to use images of your property before service delivery, by contacting us in writing using the details in the 'How to contact us' section below, and we will stop using the relevant images on request. We will not use any image or information that identifies you personally for marketing or promotional purposes without your separate, explicit consent, which you may withdraw at any time (withdrawal will not affect the lawfulness of processing carried out before withdrawal).
For more information on your right to object at any time to your personal data being used for marketing purposes, see 'Your rights' below.
8. WHO WE SHARE YOUR PERSONAL DATA WITH
We share personal data only where necessary for the purposes set out in this Privacy Policy. As controller for our Website and services, we may share personal data with: (a) our service providers who help us operate the Website and deliver our services, such as website hosting, infrastructure, communications, analytics and CRM providers, (b) professional advisers, regulators, law enforcement and other third parties where required or permitted by law, (c) where we use a third-party appointment scheduling, invoicing or payment tool to manage client bookings or process payments, the relevant provider for that purpose (we currently use Stripe, Inc. to process payments made via the Website; Stripe's privacy policy is available at https://stripe.com/gb/privacy), and (d) photographers and contractors engaged in connection with the delivery of our services, including where property photographs are taken for portfolio, marketing or service delivery purposes. Where our service providers process personal data on our behalf, they do so under contractual obligations as processors (as applicable) and must only process personal data in accordance with our instructions.
We only allow service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to us and to you.
We or the third parties mentioned above may occasionally also need to share your personal data with:
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external auditors, e.g. in relation to the audit of our accounts and our company, the recipient of the information will be bound by confidentiality obligations
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professional advisors (such as lawyers and other advisors), the recipient of the information will be bound by confidentiality obligations
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law enforcement agencies, courts or tribunals and regulatory bodies to comply with legal and regulatory obligations
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other parties in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency. Usually, information will be anonymised, but this may not always be possible, however, the recipient of the information will be bound by confidentiality obligations
If you would like more information about who we share our data with and why, please contact us (see 'How to contact us' below).
We do not share your personal data with third parties except as described in this Privacy Policy or where required or permitted by law.
9. HOW LONG YOUR PERSONAL DATA WILL BE KEPT
We will keep personal data for as long as necessary for the purposes set out in this Privacy Policy. We generally retain enquiry, client and appointment data for as long as you are an active client and for a reasonable period afterwards to manage our business, comply with legal obligations, resolve disputes and enforce our terms. Any payment or invoicing records are retained as required for accounting, tax and regulatory purposes. Property photographs and other documents you provide are retained for as long as necessary to deliver the relevant service and for a reasonable period thereafter for dispute resolution or legal claims purposes. Following the end of the applicable retention period, we will delete or anonymise personal data in accordance with applicable data protection requirements, unless we are required to retain it (for example, due to legal obligations or a legal hold).
10. TRANSFERRING YOUR PERSONAL DATA OUT OF THE UK
We may transfer your personal data outside the UK (for example, where our service providers or their support teams process data in other countries). Some of our service providers, including payment providers, cloud or communications providers, customer support tools, analytics providers and verification providers, may operate globally and may process personal data outside the UK. Our primary data storage uses servers located in the United Kingdom. Where we transfer personal data outside the UK, we will ensure appropriate safeguards are in place to protect your personal data, such as the UK International Data Transfer Agreement (IDTA), the UK Addendum to the EU Standard Contractual Clauses, and, where required, a transfer risk assessment (TRA), or another lawful transfer mechanism under UK data protection law.
Furthermore, under UK data protection laws, we can only transfer your personal data to a country outside the UK where: the UK government has decided the particular country ensures an adequate level of protection of personal data (known as an 'adequacy regulation') further to Article 45 of the UK GDPR; there are appropriate safeguards in place (such as the IDTA and, where relevant, the UK Addendum to the EU Standard Contractual Clauses), together with enforceable rights and effective legal remedies for you; or a specific exception applies under relevant data protection law.
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The EEA: we may rely on the UK adequacy regulations in respect of EEA countries (where applicable).
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Other countries: we will put in place appropriate safeguards (such as the IDTA and, where required, a TRA) and other measures required by UK data protection law.
In the event we could not or choose not to continue to rely on either of those mechanisms at any time we would not transfer your personal data outside the UK unless we could do so on the basis of an alternative mechanism or exception provided by UK data protection law.
11. YOUR RIGHTS
You generally have the following rights, which you can usually exercise free of charge. For all processing described in this Privacy Policy, Company is the controller and you can direct requests to us. For more information regarding these rights, please visit the ICO website here.
For further information on each of those rights, including the circumstances in which they do and do not apply, please contact us (see 'How to contact us' below). You may also find it helpful to refer to the guidance from the UK's Information Commissioner on your rights under the UK GDPR.
If you would like to exercise any of those rights, please email, call or write to us, see below: 'How to contact us'. We may need to verify your identity before responding. When contacting us please:
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provide enough information to identify yourself (e.g., your full name and email address) and any additional identity information we may reasonably request from you, and
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let us know which right(s) you want to exercise and the information to which your request relates
12. KEEPING YOUR PERSONAL DATA SECURE
We have implemented appropriate technical and organisational security measures to protect your personal data. Access to personal data is restricted to authorised personnel and service providers on a need-to-know basis, and we maintain policies and controls designed to protect against unauthorised access, alteration, disclosure or loss of personal data.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
13. HOW TO COMPLAIN
Please contact us if you have any queries or concerns about our use of your information (see below 'How to contact us'). You can make a complaint to us using any of the contact methods below, and you do not need to use any particular format. We will acknowledge your complaint within 30 days of receiving it and will respond without undue delay, keeping you informed of the outcome.
You also have the right to lodge a complaint with the Information Commissioner.
The Information Commissioner can be contacted at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.
14. CHANGES TO THIS PRIVACY POLICY
We may change this privacy policy from time to time to reflect updates in our services, our processing activities, or regulatory requirements. Where appropriate, we will take steps to bring any significant changes to your attention, for example by posting an updated version on the Website and/or contacting you.
15. HOW TO CONTACT US
You can contact us by post, email or telephone if you have any questions about this privacy policy, the information we hold about you, to exercise your rights under data protection law, or to make a complaint.
Our contact details are shown below:
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07904 969753