Privacy notice

We are committed to respecting your privacy. This notice is to explain how we may use personal information we collect about you and how we comply with the law on data protection and what your rights are.

This notice applies to our customers who are looking for a new home to purchase or have reserved a new home to be purchased from us through until after completion of the purchase. This notice does not form part of any contract relating to any property you may agree to purchase. 

References to we, our or us in this privacy notice are to the Bellway Group (being Bellway p.l.c. and each of its direct and indirect subsidiaries, trading under the "Bellway" brand including Bellway Homes Limited.  Details of our main trading entities are as follows:

• Bellway p.l.c. is a public limited company incorporated in England and Wales. Registered Number: 1372603.
• Bellway Homes Limited is a limited company incorporated in England and Wales. Registered Number: 00670176.

Both companies have their registered office at Seaton Burn House, Dudley Lane, Seaton Burn, Newcastle upon Tyne, NE13 6BE.

We have appointed a Data Protection Officer to oversee our compliance with data protection laws and they have overall responsibility for data protection compliance in our organisation. Contact details are set out in the "Contacting us" section at the end of this privacy notice.

For the purposes of this privacy notice the controller is the relevant part of the Bellway Group from which you have requested details of new build properties or have agreed to purchase or are purchasing a property and which is processing your personal information.

1. PERSONAL INFORMATION

When you interact with us in relation to your work with us, you may provide us with or we may obtain personal information about you, such as information regarding your:

• personal and work contact details and identifiers such as name, title, addresses, telephone numbers, and email addresses, emergency contact details, family members, date of birth, gender, details of availability;
• marketing preferences including preferred contact methods, property types, locations of interest, developments of interest, purchase schemes and incentives of interest;
• tax or governmental identifiers regarding any stamp duty or other relevant property taxes;
• bank accounts, credit card details, payment and receipt details, financial status, mortgage status and amounts and tax status, sale status of your current property;
• account information for any of our portals and websites including username, password and other identifying information and other account information;
• details of the property to be purchased, lease details, property options selected and payments made, and where you take part in our part exchange scheme, details relating to the property you are selling to us, payments we make to you and other associated information, relevant utilities records, decisions made by you;
• identification documents and information such as passport, utilities bills, identity cards, signature, etc;
• advisors appointed by you including mortgage brokers, lawyers, financial advisors, surveyors;
• property records, searches, documents and files (including our legal files relating to the sale to you, and where you take part in a part exchange, our legal files relating to the property you are selling to us);
• enquiries, complaints and correspondence and other communications with you;
• pictures where you feature in our marketing materials;

2. SPECIAL CATEGORIES OF PERSONAL INFORMATION AND CRIMINAL RECORDS INFORMATION

We will not generally collect, store and use any of the following “special categories” of more sensitive personal information regarding you:

• information about your race or ethnicity, religious beliefs, sexual orientation and political opinions;
• information about your trade union memberships;
• information about your health, including any medical condition, health and sickness records, medical records and health professional information and disability information; and

If we do collect any special category personal information, we do not currently rely on consent as a basis for processing special category personal information.

We will also not collect, store and use any criminal records information in relation to you.

3. WHERE WE COLLECT YOUR INFORMATION

We will collect personal information from a number of sources. These include the following:

• Directly from you: from yourself, when you indicate that you may wish to attend an event, complete forms we provide to you, use our website, enter our competitions and promotions, make a claim, make a complaint, provide money laundering information to us, contact us by phone, email or communicate with us directly in some other way.
• Third parties authorised by you; a family member or someone else authorised by you
• Our website: provides us with information about how you use it and the devices that you use to connect to our website.
• Providers of information: which may include credit reference agencies, money laundering check provider, the Land Registry and other web platforms.
• Portals and other web platforms: for example Rightmove, Zoopla
• Journalists or other investigators: they may provide us with details or make enquiries about you or matters concerning you or ourselves.
• Your professional advisors: such as lawyers, accountants, planning consultants, mortgage brokers, financial advisors and surveyors. 
• Our professional advisors: such as lawyers, accountants, planning consultants and surveyors.

4. USES MADE OF YOUR PERSONAL INFORMATION

The table below describes the main purposes for which we process your personal information, the categories of your information involved and our lawful basis for being able to do this.

For some of your personal information you will have a legal, contractual or other requirement or obligation for you to provide us with your personal information.  If you do not provide us with the requested personal information we may not be able to sell to you the property you wish to purchase or we may not be able to properly perform our contract with you or comply with legal obligations.  For other personal information you may not be under an obligation to provide it to us, but if you do not provide it then we may not be able to properly perform our contract with you regarding sale of the property to you or, where you are utilising our part exchange scheme, purchase of your property by us.

You should be aware that it is not a condition of any contract with us that you agree to any request for consent from us and we do not usually rely on consent as a basis for processing your personal information. However if we have asked you for consent, and you have given us your consent to use your personal information, you have the right to withdraw this consent at any time, which you may do by contacting us as described in the "Contacting us" section below.

Please note however that the withdrawal of your consent will not affect any use of the data made before you withdrew your consent and we may still be entitled to hold and process the relevant personal information to the extent that we are entitled to do so on bases other than your consent.  Withdrawing consent may also have the same effects as not providing the information in the first place, for example we may no longer be able to carry out certain activities.

5. DISCLOSURE OF YOUR PERSONAL INFORMATION

We share personal information with the following parties:

• Companies in the same group of companies as us: for the purpose of providing a service to you.
• Any party approved by you: for example mortgage brokers, financial advisors, legal advisors, your family.
• Other service providers to our business and advisors: repair and maintenance contractors, banks, professional advisors including legal advisors, and administration and IT services.  All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information. 
• Insurance providers: where relevant to the insurance of the property you purchase and/or the property we purchase from you.
• Managing agents, management company, landlords, the Land Registry: where relevant to the completion of your property transactions.
• Guarantee providers: such as the National House Builders Council or other guarantee or warranty providers in relation to your property and/or the fixtures and fittings in the property.
• Utility providers and council tax authorities: for example water, electric, gas, telephone, internet/broadband and the relevant council tax authority.
• Purchasers of our business: buyers or perspective buyers to whom we sell or negotiate to sell our business.
• Government agencies and representatives: where you are taking part in any scheme run by them, for example help to buy.
• The Government, government bodies or our regulators: where we are required to do so by law or to assist with their investigations or initiatives, for example HMRC, the National House Building Council or the Information Commissioner’s Office.
• Police, law enforcement and security services: to assist with the investigation and prevention of crime and the protection of national security.

We do not disclose personal information to anyone else except as set out above unless we have your consent or we are legally obliged to do so.  We do not sell your data.

6. DIGITAL MARKETING

Email, post, telephone and SMS marketing: from time to time, we may contact you by email, post, telephone or SMS with information about products or services we believe you may be interested in.

We will only send marketing messages to you in accordance with the marketing preferences you set when you create your account or that you tell us afterwards you are happy to receive or where you or the organisation you represent have purchased similar services or goods from us previously.

You can unsubscribe from our marketing by clicking on the unsubscribe link in any written marketing messages we send to you or letting us know during any marketing telephone call.  Alternatively you can let us know at any time that you do not wish to receive marketing messages by using the by using the details set out in the “Contacting us“ section below.

7. TRANSFERRING YOUR PERSONAL INFORMATION INTERNATIONALLY

The personal information we collect about you is not transferred to or stored in countries outside of the UK or European Union (“EU”) except as set out in this section.

Our staff and other individuals working for us may in limited circumstances access personal information outside of the UK and EU if they are on holiday abroad outside of the UK or EU.  If they do so they will be using our security measures and will be subject to their arrangements with us which are subject to English Law and the same legal protections that would apply to accessing personal data within the UK.  

In limited circumstances the people to whom we may disclose personal information (or processors of personal information on their behalf) as mentioned in the section “Disclosure of your personal information” above may be located outside of the UK and EU.  In cases where we export your personal information to a non-approved country outside of the UK and EU we will impose any legally required protections and appropriate safeguards for the personal information as required by law before it is disclosed.  In cases where a third party (for example a service provider to us) exports your personal information to a non-approved country outside of the UK and the EU we will comply with our legal obligations to make sure that the third party exports the personal information in accordance with all legally required protections and that appropriate safeguards are put in place.  Further details of the protections and safeguards are available from our by emailing data.protection@bellway.co.uk.

If you require more details on the arrangements for any of the above then please contact us using the details in the “Contacting us” section below.

8. HOW LONG WE KEEP PERSONAL INFORMATION FOR

The duration for which we retain your personal information will differ depending on the type of information and the reason why we collected it from you. However, in some cases personal information may be retained on a long term basis: for example, personal information that we need to retain for legal purposes will normally be retained in accordance with usual commercial practice and regulatory requirements.  Generally, where there is no legal requirement we retain all physical and electronic records for a period of approximately 15 years until after you have completed your purchase of a property from us due to this being the limitation period for claims about latent defects. The exceptions to this general rule are:

• Legal property information and legal files will be retained for approximately 12 years after completion because this is the limitation period for claims related to property title claims;
• Information regarding fixtures and fittings will retained for approximately 6 years after completion because this is the limitation period for claims related to breach of contract
• CCTV images will generally be retained for approximately 60 days and then overwritten, unless required to be retained for any reason (please see our separate privacy notice for more details)
• Audio recordings will generally be retained for approximately 30 days and then overwritten or deleted, unless required for any reason (please see our separate privacy notice for more details)
• If for any reason your property transaction with us does not complete, then we would retain your records for approximately 6 years (instead of 15 years) because this is the limitation period for claims related to breach of contract.

It is important to ensure that the personal information we hold about you is accurate and up-to-date, and you should let us know if anything changes, for example if you move home or change your phone number or email address. You may be able to update some of the personal information we hold about you through our customer portal. Alternatively, you can contact us by using the details set out in the "Contacting us" section below.

9. YOUR RIGHTS IN RELATION TO PERSONAL INFORMATION

You have the following rights in relation to your personal information: 

• the right to be informed about how your personal information is being used;
• the right to access the personal information we hold about you; 
• the right to request the correction of inaccurate personal information we hold about you; 
• the right to request the erasure of your personal information in certain limited circumstances;
• the right to restrict processing of your personal information where certain requirements are met; 
• the right to object to the processing of your personal information;
• the right to request that we transfer elements of your data either to you or another service provider; and
• the right to object to certain automated decision making processes using your personal information. 

You should note that some of these rights, for example the right to require us to transfer your data to another service provider or the right to object to automated decision making, may not apply as they have specific requirements and exemptions which apply to them and they may not apply to personal information recorded and stored by us.  For example we do not use automated decision making in relation to your personal data. However some have no conditions attached, so your right to withdraw consent or object to processing for direct marketing are absolute rights.

Whilst this privacy notice sets out a general summary of your legal rights in respect of personal information, this is a very complex area of law. More information about your legal rights can be found on the Information Commissioner’s website at https://ico.org.uk/for-the-public/.

To exercise any of the above rights, or if you have any questions relating to your rights, please contact us by using the details set out in the "Contacting us" section below.

If you are unhappy with the way we are using your personal information you can also complain to the UK Information Commissioner’s Office or your local data protection regulator. We are here to help and encourage you to contact us to resolve your complaint first.

10. CHANGES TO THIS NOTICE

We may update this privacy notice from time to time. When we change this notice in a material way, we will update the version date at the bottom of this page. For significant changes to this notice we will try to give you reasonable notice unless we are prevented from doing so. Where required by law we will seek your consent to changes in the way we use your personal information.

11. CONTACTING US

In the event of any query or complaint in connection with the information we hold about you, please email data.protection@bellway.co.uk or write to the Data Protection Officer at Seaton Burn House, Dudley Lane, Seaton Burn, Newcastle upon Tyne, NE13 6BE.