使用條款 – 隱私宣告

This website is the property of Lixing Limited of 8 St James’s Square, London, United Kingdom, SW1Y 4JU. By using this website, you agree that you consent to, and are bound by, the following terms and conditions.

Copyright and Trade Marks

The content of this website is owned by Lixing and protected by copyright. Reproduction of part or all of the content in any form is prohibited, other than in accordance with the following permissions:

Licence to produce copies for Limited Purposes:

1. You acknowledge Lixing as the source of the material. You must include such acknowledgement and the Lixing web address (www.lixing.co.uk) in the copy of the material, and
2. You must inform the third party that all the Terms and Conditions set out on this page apply to him/her and that he/she is bound by them.

This licence to re-copy does not permit incorporation of the material or any part of it in any other work, publication, or website (whether in hard copy or electronic or any other form).

In particular (but without limitation) no part of Lixing’s website may be distributed or copied for any commercial purpose, including but not limited to, photographs, property details, virtual tours and/or floorplans. You may not reproduce any part of this website without the express consent of Lixing. The name Lixing is a trade mark registered in the name of Lixing in the UK. Reproduction of this trade mark other than in order to view this website is prohibited.

Disclaimer

Lixing takes all reasonable care to ensure that the information contained on this website is accurate. However, we cannot guarantee its accuracy, and we reserve the right to change the information on this website (including these terms and conditions) at any time. You must therefore check these terms and conditions for any such changes each time you visit this website.

Lixing makes no representations or warranties of any kind with respect to this website or the content contained on it, including any text, graphics, advertisements, links, or other items.

Furthermore, neither Lixing, nor any other contributor to this website, make any representation or gives any warranty, condition, undertaking, or term (either expressed or implied) as to the condition, quality, performance, accuracy, fitness for purpose, completeness, or freedom from viruses of the content contained on this website, or that such content will be accurate, up to date, uninterrupted or error-free. Nothing on this website shall be regarded or taken as financial advice.

Law

The user confirms that the terms and conditions and use of this website shall be governed by the laws of England and Wales and that any and all disputes arising from them shall be subject to the exclusive jurisdiction of the English courts.

Anti-Money Laundering

Lixing is committed to operating its business in a transparent and open manner consistent with our legal and regulatory obligations. We are aware that the real estate industry is a target for organised criminals seeking to launder the proceeds of criminal activity. We always seek to prevent this activity by cooperating fully with the authorities and reporting suspicious activity to the National Crime Agency.

As part of this commitment, we adopt a strict compliance of all Anti-Money Laundering rules, with specific emphasis on the Proceeds of Crime Act 2002, the Money Laundering Regulations 2017, the Bribery Act 2010 and the Terrorism Act 2000.

Lixing’s policy commitment is applicable to all of our customers, including vendors, buyers, landlords and tenants. As a result, we obtain and hold (for a period of at least seven years) evidence pertaining to our customers’ identities and, where appropriate, we obtain proof of ownership of property and the source/destination of funds.

We will be unable to proceed with any work on behalf of our customers if we are unable to obtain this information. Customers’ identities will be subject to an electronic identity check, which may also include a credit check.

We are registered and supervised by HM Revenue & Customs for compliance with the Money Laundering Regulations 2017. Our nominated Money Laundering Reporting Officer is Billy Sio. If you would like to speak to us about Anti-Money Laundering, please email aml@lixing.co.uk.

Indemnity

You acknowledge that you are solely responsible for the use to which you put this website and all the results and information you obtain from it, and that all warranties, conditions, undertakings, representations and terms, whether expressed or implied, statutory or otherwise, are hereby excluded to the fullest extent permitted by law.

Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to this website hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use this website.

Whilst we take every care to ensure that the standard of this website remains high and to maintain the continuity of it, we do not accept any ongoing obligation or responsibility to operate this website (or any particular part of it).

If any part of our terms and conditions is deemed to be unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

These terms and conditions and your use of this website are governed exclusively by English law.

This does not affect your statutory rights as a consumer.

Referral Fees

Currently, we do not take referral fees from any other company, apart from mortgage brokers, some of which may provide us with a referral fee which may vary on a case-by-case basis. 

We are committed to providing a professional service to all our clients and customers.  When something goes wrong, we need you to tell us about it.  This will help us to improve our standards.

If you have a complaint, please put it in writing, including as much detail as possible.  We will then respond in line with the timeframes set out below (if you feel we have not sought to address your complaints within eight weeks, you may be able to refer your complaint to the Property Ombudsman to consider without our final viewpoint on the matter).

What will happen next?

• We will send you a letter acknowledging receipt of your complaint within three working days of receiving it, enclosing a copy of this procedure.
• We will then investigate your complaint. This will normally be dealt with by the office manager who will review your file and speak to the member of staff who dealt with you.  A formal written outcome of our investigation will be sent to you within 15 working days of sending the acknowledgement letter.
• If, at this stage, you are still not satisfied, you should contact us again and we will arrange for a separate review to take place by a senior member of staff.
• We will write to you within 15 working days of receiving your request for a review, confirming our final viewpoint on the matter.
• If you are still not satisfied after the last stage of the in-house complaint procedure (or more than 8 weeks has elapsed since the complaint was first made) you can request an independent review from The Property Ombudsman without charge

The Property Ombudsman

Milford House
43-55 Milford Street
Salisbury
Wiltshire
SP1 2BP

01722 333 306

admin@tpos.co.uk

www.tpos.co.uk

Please note the following:

You will need to submit your complaint to The Property Ombudsman within 12 months of receiving our final viewpoint letter, including any evidence to support your case.

The Property Ombudsman requires that all complaints are addressed through this in-house complaint’s procedure, before being submitted for an independent review.

If you are not satisfied with the conclusion drawn by the Property Ombudsman, you have within 6 months the option of escalating the matter to Propertymark, located at Arbon House, 6 Tournament Court, Edgehill Drive, Warwick CV34 6LG.

Cookies

Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about you. Most web browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that. However, you may not be able to take full advantage of a website if you do so. Cookies are specific to the server that created them and cannot be accessed by other servers, which means they cannot be used to track your movements around the web.

We use cookies for the following reasons:

• To identify who you are and to access your account information;

• To estimate our audience size and patterns;

• To ensure that you are not asked to register twice;

• To track preferences and to improve and update our website; and

• To track the progress and number of emails opened in some of our marketing communications.

The Lixing website and applications may automatically collect data about how you use our services in order to help us improve future functionality. We use Google Analytics, which is a web analysis service provided by Google.

The cookies on the Lixing website do not track, collect or upload data such as your name, email address or billing information, but it may collect data about your equipment and browsing activities. We may collect and report on the adoption and usage of specific features, crashes and exceptions and other useful, anonymous metrics.

Certain devices can detect your approximate location via latitude and longitude. The accuracy of this data is not in the control of Lixing. If this feature is requested, Lixing will prompt you to provide your permission to access your location data for the purposes of providing you with results or directions based on your current location. You can disable location settings within your browser or app.

Privacy Policy

At Lixing we are committed to ensuring that your privacy is protected. This privacy notice, together with our Terms and Conditions and any other notice referred to in it, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By continuing to visit www.lixing.co.uk you are accepting and consenting to the practices described in this policy.

Please note that all personal data sent to a Lixing email address (for whatever purpose) will be stored on our IT systems and may be subject to wider systematic monitoring procedures which we have implemented for the purpose of our legitimate business interests to protect confidential and personal data and assist in our ability to identify potential data breaches.

This website is not intended for children and we do not knowingly collect personal data from children.

This privacy notice was last amended in March 2020.

1. Personal data we collect

As a business, we collect, use, store and transfer different types of personal data depending on who you are. If you are purchasing, renting, selling or letting a property through Lixing, or purchasing, renting, selling or letting a property from one of our clients, we collect and use your personal data to provide you with our services. The personal data we collect and use may include:

• Identity Data (name, marital status, title, date of birth, gender, username and password, purchases made by you, your interests and preferences, property ownership details or other evidence of your ability to sell or let the property, references, credit checks, details of your immigration status, feedback and survey responses)

• Contact Data (billing address, delivery address, email address and telephone numbers)

• Financial Data (bank account and payment details)

• Transaction Data (details about payments to and from you and other services you have purchased through us)

• Technical Data (internet protocol address, login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, identification number, online identity, location data and other similar identifying information required for the customer’s device(s) to communicate with websites and applications on the internet)

• Usage Data (how you use our website products and services, the full uniform resource locators clickstream to, through and from our site (including date and time), download errors, lengths of visit to certain pages, page interaction information, methods to browse away from the page and any phone numbers you use to call us)

• Marketing and Communications Data (your marketing preferences from us and our third parties and your communication preferences)

• Call recordings (recordings of your conversations with us)

We also may collect and use Aggregated Data. For example, when you visit our website we may aggregate data about your usage to tell us about how certain features on our website are used. This is not usually classified as personal data, as whilst it derives from personal data (in the example, it is derived from your Usage Data) it does not reveal your identity to us. If we do link this Aggregated Data to your personal information, it will be treated as personal data in line with this policy.

2. How we collect personal data

We use different methods to collect data from and about you, including through:

Direct interactions

You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• apply for our services;

• subscribe to our services or publications;

• request marketing to be sent to you;

• contact us through social media;

• walk in to our branch office or telephone us

• give us some feedback; or

• speak with us on the telephone and we record the call

Third parties or publicly available sources

We may receive personal data about you from various third parties and public sources, for example:

• Contact, Financial and Transaction Data from providers of payment services, such as Mastercard (based inside the EU).

• Identity and Contact Data from data brokers or aggregators such as Rightmove, Zoopla (based inside the EU) or Facebook (based outside the EU)

• Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.

• Credit referencing agencies

3. How we use your personal data

We may use your personal data for some or all the purposes shown below. We will only use your personal data for the purposes for which we collected it. If we need to process your personal data for a different purpose that is not compatible with the original purpose, we will let you know.

We may process your personal data for a different purpose without your consent where it is necessary for us to comply with our legal obligations.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

• Where it is necessary for us to comply with legal and regulatory requirements.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via telephone, post, email or other electronic means. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your data

We will only use your personal data for the purposes for which we have collected it. For example:

• To contact you.

• To carry out our obligations arising from any contracts entered between you and us and to provide you with the information, products and services which you request from us.

• To provide you with information about other goods and services that we offer.

• To provide you, or permit selected third parties to provide you, with information about goods or services which we feel may interest you.

• To assist us in the improvement and optimisation of advertising, marketing material and content, our services and the website (including, without limitation, via third parties).

• To notify you about changes to our service.

• To ensure that content from our site is presented in the most effective manner for you and your computer.

• To verify your identity.

• As part of our efforts to keep our site safe and secure and to prevent or detect fraud.

• To provide customer support.

• To comply with the requirements imposed by law or any court order.

• To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

• To improve our site to ensure that content is presented in the most effective manner for you and your computer.

• To allow you to participate in interactive features of our service.

• To measure or understand the effectiveness of advertising we serve to you and others and to deliver advertising to you and others (including via selected third parties).

Marketing

You have the right to withdraw your consent for us to use your personal data for marketing purposes at any time. You also have the right to withdraw consent for us to pass your information to third parties for marketing purposes. If you do withdraw your consent, this will result in us ceasing to market goods and services to you.

You can ask us to stop sending you marketing messages at any time by:

• following the opt-out links on any marketing message sent to you; or

• contacting us at any time by emailing privacy@lixing.co.uk or by calling  020 7459 4398

Where you withdraw your consent to receiving marketing messages, we will still process your personal data in order to fulfil our contract with you and in accordance with our legal, accountancy and regulatory obligations.

If you no longer wish to be contacted by third parties for marketing purposes, please follow the instructions in their marketing communications, or consult their privacy policies about how to unsubscribe.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside Lixing for marketing purposes.

4. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out above in “How we use your Personal Data”. We have agreements in place with our third parties that restrict their use of your personal data. We only allow third parties to use your personal data for specified purposes and in accordance with our instructions.

External Third Parties

• Service providers acting as processors based in the United Kingdom who provide IT and system administration services, anti-money laundering service providers, tenancy deposit administrators (such as the Tenancy Deposit Scheme) and services to enable us to perform our contract with you, or carry out surveys to help us improve our services.

• Property developers acting as processors or independent controllers based in the UK who process your personal data in order to arrange and facilitate your visit to their marketing suite.

• Advertisers and advertising networks (including social media) that require the data to select and serve relevant adverts to you.

• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accountancy services.

• HMRC, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

• Official bodies to detect and prevent criminal activity e.g. money laundering, theft, fraud, terrorism, cybercrime.

• If you are a tenant and we are helping you with the administration in moving, we will refer your personal data to relevant industry providers (such as Tenant Shop Limited) which acts on our behalf to provide these services. Such industry providers may contact you about the other services that they provide if you consent for them to do so.

• We may forward your present and future contact details to utility suppliers, local authorities and credit or reference providers, including for the purposes of debt recovery.

• Where you are a landlord or a vendor we may forward your personal data to HM Land Registry for proof of property ownership purposes.

• Other agencies with whom we have entered into a sub-agency agreement and where they have introduced a potential purchaser/vendor/landlord/tenant for your property

Other Third Parties

Sometimes there may be third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

5. Data security

We are, through technical and organisational means, committed to ensuring the security of, and prevention of unauthorised access to, your personal data. For example, we limit who can access your personal data to those individuals and third parties who need to know it and who are subject to a duty of confidentiality. We also systematically monitor outbound emails for the purposes of protecting confidential and personal data and assisting in our ability to identify potential data breaches. If we become aware of a data breach we will, where we are required to, notify the Information Commissioner’s Office. If we believe that the data breach is serious, we may notify you as well.

6. Information Storage and International Transfers

Information which you submit is stored on a computer located in the European Economic Area. This is necessary in order to process the information and to send you any information you have requested. We may transfer information submitted by you to reputable third party suppliers, which may be situated outside the European Economic Area. When we do this we aim to make sure the information is secure and properly protected.

In addition, if you use our Services whilst you are outside the EEA, your information may be transferred outside the EEA in order to provide you with those Services.

7. Data retention

We hold on to your personal data whilst you use our services (or whilst we provide services connected to you) and for at least seven years thereafter, for legal, regulatory and accounting purposes. If we need to hold on to your personal data for longer, we take into consideration the potential risks in continuing to store your data versus the reasons we might need to keep it. In some circumstances, we might anonymise your personal data so it is not associated with you, and we may then use this information indefinitely.

8. Your legal rights

To the extent provided by law, you have the right to:

• ask us for the personal data that we hold and process about you (this is commonly known as a data subject access request). You have rights to the following information:

  • the purpose(s) for which we are processing your information;

  • the categories of personal information we hold about you

  • the recipients or categories of recipient to whom the personal data have been or will be disclosed;

  • the period for which we will store your information, or the criteria used to determine that period;

• object to the use of your personal data (including for marketing purposes) by

  • informing an employee at Lixing on 020 7459 4398; or

  • by ticking the relevant boxes on the data collection forms; or

  • by emailing privacy@lixing.co.uk

  (Please note that even if you refuse marketing, we will still contact you to discuss the services you have asked us to provide to you or to tell you about changes to our terms and conditions)

• rectification of any inaccurate information we hold about you;

• erasure of the personal data we hold about you (in certain situations);

• ask that we do not make decisions about you using completely automated means; and/or

• ask that personal data we hold about you is, where technically feasible, transmitted to a third-party chosen by you, in a commonly used, machine-readable format.

The rights listed above may not apply in certain circumstances. Therefore we may not always be able to comply with your request. We will tell you if this is the case. We will usually respond to a request from you to exercise your rights within one month of receipt, but it might take longer if your request is particularly complex or if you have made a number of requests. Please be aware that we may need to process your personal data and/or request specific information from you to help us comply with your request. You will not usually have to pay a fee to exercise these rights, but we reserve the right to if your request is clearly unfounded, repetitive or excessive, alternatively we may refuse to comply with your request.

9. How to contact us

To contact us about how we handle your personal data, please contact our nominated Data Protection Officer, Billy Sio. You can send him an email on privacy@lixing.co.uk. Alternatively, you can write to us at Lixing, 8 St James’s Square, St James’s, London, United Kingdom, SW1Y 4JU. If you have a complaint about the way in which your personal data has been processed, you have the right to contact the Information Commissioner’s Office, but you may be required to first complete our internal complaints procedure.

Client Money Protection

Lixing is a registered Propertymark Client Money Protected (CMP) member. CMP protects landlords’ and tenants’ money. Should a Propertymark Protected agent go bust or misuse your rent, deposit or other funds, Propertymark will reimburse you. Please note that CMP does not cover disputes over the return of deposits.

Please click here to see our Client Money Security Certificate and Client Money Protection Certificate.

It is also a legal requirement for lettings agents to display a copy of the accounting rules of the client money protection provider. The Propertymark Conduct and Membership Rules can be found here : https://www.propertymark.co.uk/working-in-the-industry/member-requirements/.

Lixing Limited is a registered company in England and Wales (registered number 12469425). Our registered office is at 1A Avery Row, Mayfair, London, United Kingdom, W1K 4AJ.