LEGAL - SITE CONDITIONS AND LIMITATIONS

BUSINESS CONFIDENTIALITY

If you recognise a property which is not advertised by name, or you receive the details, please be discreet. Proprietors are generally very concerned that their intentions to move are kept private, especially in regard to their staff and customers. Please make enquiries and contacts only through Sidney Phillips. Information relating to businesses is not in the public domain and is to be kept confidential by you. It shall not be passed on to any third party in any form without the prior consent of Sidney Phillips.

CONDITIONS & LIMITATIONS

1. Sidney Phillips is the trading name of Sidney Phillips Limited a company registered in England, number 2362635.

2. The information on this web site is presented in good faith, but is for general guidance only. General information is not a substitute for professional advice, and you should not rely upon any information obtained before seeking professional advice or approval.

3. Sidney Phillips disclaims all or any liability to any person who might, directly or indirectly, have relied upon or been influenced by any of the contents of this web site.

4. Whilst endeavouring to provide correct information on this web site, Sidney Phillips shall not be liable for any damages, direct or indirect, arising in contract, tort or otherwise from the use of this site or any information on it.

5. All information on this web site is commercial in nature.

6. We accept no liability or responsibility for any third party contents which the user is able to access through this web site, either by link or reference. Such access constitutes neither an endorsement nor a recommendation and Sidney Phillips shall not be construed to be publishing, permitting or authorising such sites or materials.

7. Sidney Phillips reserves the right to change all or any of this site, means of access to and retrieval of information from, without notice and without liability.

8. Copyright of all material on this web site is owned by Sidney Phillips Limited unless stated otherwise.

You are permitted to view, print and download extracts from this site solely for personal or non commercial use. All other copying and distribution of any of the contents of this site is strictly forbidden. Any copy of any material which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. You are not permitted to reproduce or incorporate any of the material on this web site in any form for any commercial purpose and the web site may not be accessed in such a manner as to make it appear to be part of any third party web site or electronic system without Sidney Phillips' prior written permission. No rights can be assumed unless expressly granted.

9. You accept that Sidney Phillips records, traces by electronic means and monitors visits to this web site. This information is used for statistical purposes and, where you provide an e-mail address, contact with the user can be made e-mail. Any feedback you provide at this web site shall be deemed to be non confidential.

10. These terms shall be governed by, interpreted and construed in accordance with English law. Any disputes connected with them shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Any visitor to any part of this site is deemed to have accepted these terms in full.

PROPERTY DETAILS

Conditions under which any particulars are issued.

All sale details are intended for business people familiar with commercial transactions.

Please take appropriate professional advice where relevant.

The details do not constitute a part of an offer or contract and properties are offered subject to being sold, let or withdrawn without notice at any time and without liability for any expenses incurred by applicants. All statements and descriptions are made without responsibility or warranty by us, the vendors or lessors. We have not carried out a survey, or tested the services, appliances and equipment. Intending purchasers/applicants must check for themselves.

Any trading or supplies information has been provided by our client. We cannot guarantee the accuracy or completeness of any such information and accept no liability, directly or indirectly for same.

GDPR

In accordance with General Data Protection Regulation (GDPR), Individual’s rights include:

Right to be informed: When registering with Sidney Phillips, either online or by telephone, you will be required to provide personal data such as name, address, telephone number, email address and your search requirements. Personal data is held for the purpose of supplying the Individual with properties and businesses for sale, along with progressing a transaction if suitable. Said data is held by the company on secure servers and secure cloud servers for internal use only, and is not shared with any Third Parties.

Right to access: Individuals have the right to request access to their personal data held by Sidney Phillips. Requests are to be made in writing, electronically and information will be provided in a commonly used electronic format. Requests will be handled within one month of receipt of the request, and free of charge, with the exception of where requests are manifestly unfounded or excessive, in which case we reserve the right to charge a reasonable fee taking into account the administrative costs of providing the information.

Right to rectification: Individuals have the right to have personal data rectified if inaccurate or incomplete. Where the personal data in question has been disclosed to a third party, they will be made aware of the rectification where possible. Requests are to be made in writing, electronically, and will be handled within one month of receipt of the request.

Right to erasure: Individuals have the right to request the deletion or removal of personal data in the following circumstances:

- Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed.
- When the individual withdraws consent.
- When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing.
- The personal data was unlawfully processed (ie otherwise in breach of the GDPR).
- The personal data has to be erased in order to comply with a legal obligation.

This does not provide an absolute “Right to be forgotten”. Where the personal data in question has been disclosed to a third party, we will inform them about the erasure of the personal data, unless it is impossible or involves disproportionate effort to do so. Personal data will be erased by removal from our internal and cloud servers by our IT department.

Right to restrict processing: Individuals have a right to ‘block’ or suppress processing of personal data if the Individual contests its accuracy; has objected to the processing; processing is unlawful and the Individual opposes erasure; the company no longer needs the personal data but the Individual requires the data to establish, exercise or defend a legal claim. Where the personal data in question has been disclosed to a third party, we will inform them about the restriction on processing of the data, unless it is impossible or involves disproportionate effort to do so.

Right to data portability: Individuals have the right to obtain and reuse their personal data for their own purposes. Requests are to be made in writing, electronically, and will be handled within one month of receipt of the request.

Right to object: Individuals have the right to object to processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling); direct marketing (including profiling); and processing for purposes of scientific/historical research and statistics. Requests will be dealt with by immediate effect with no right for refusal.

Rights related to automated decision making including profiling: Although Individuals has rights relating to automated individual decision-making and profiling, Sidney Phillips does not undertake such processes.

All requests made to Sidney Phillips will be dealt with in their own merit, and in accordance with GDPR guidance.

Should a data breach occur, Sidney Phillips has compliant procedures in place to investigate and report the matter to the Individual. In the event of a breach, it will be reported to the Individual within 72 hours of discovery. A record of any breaches will be kept by the company.

PRIVACY & COOKIES POLICY

1. INTRODUCTION
This Privacy & Cookies Policy (the “Policy”) sets out the basis on which any personal information we collect from you or that you provide to us will be processed by us. Sidney Phillips Limited has created this Policy in order to demonstrate our commitment to preserving the privacy of all visitors to our website and customers of our services. We are committed to ensuring that all services and activities made available through our website are provided in a safe and secure environment.

For the purposes of the Data Protection Act 1998, the data controller is Sidney Phillips Limited of Shepherds Meadow, Eaton Bishop, Hereford, Herefordshire HR2 9UA.

Sidney Phillips Limited reserves the right to change this Policy including altering the purposes for which it processes your personal information. In the event that Sidney Phillips Limited considers it appropriate to make any such change, the Policy will be updated and posted on our website. Your continued use of the site will constitute acceptance of those changes. The date on which the then current Privacy Policy came into force will be as stated at the bottom of this Privacy & Cookies Policy. Please check this Privacy Policy frequently for updates.

This Policy applies to the website www.sidneyphillips.co.uk and associated branded websites (the "Websites"). Together, the Websites, and all associated forms of marketing, whether direct or indirect are collectively known herein as the "Services". This Policy applies to the Services referred to above as well as other services and websites not expressly referred to that are provided by Sidney Phillips Limited.

Any reference to the "Group" within this Policy includes Sidney Phillips Limited and all or any of its direct or indirect subsidiary undertakings, joint venture partners, and their related companies wherever located in the world as may exist from time to time including, but not limited to, Sidney Phillips Limited, Business Mortgage Solutions T/A Sidney Phillips Business Mortgages, Sidney Phillips Insurance and Utility Helpline. Any member of the Group may use and share, within the group and with its advisors, the information you provide and other information it holds about you for the purposes set out below.

2. CONSENT FOR DATA PROCESSING
By providing your personal information and registering with us or logging on with us when you enter our websites, you explicitly consent to the Group processing and disclosing your Personal Information for the purposes, and otherwise in the manner set out in this Policy, or as otherwise provided in accordance with the Terms and Conditions (http://www.sidneyphillips.co.uk/aboutus.php?p=2).

3. PERSONAL INFORMATION
Personally identifiable information is any information about you and may include your name and address, telephone numbers, email addresses, financial status, employment status, search requirements and any other information you may wish to provide (“Personal Information”). We endeavour to ensure that our business practices that involve the use of your Personal Information are compliant with privacy regulations in all areas in which we operate. Accordingly, in this Policy, we want not only to advise you of your privacy rights but also explain how we intend to respect them.

3.1 How is your Personal Information collected by our websites & what information may be collected? Personal Information may be submitted on our websites in two areas:

1. Public Area:
We collect browser and cookie information when you first navigate to our Websites. We collect information about you during the account registration process for any of our Services. This information may include, but is not limited to your name and address, telephone numbers, email addresses, financial status, employment status, search requirements and any other mandatory details as might be requested from you for the purpose of registration and/or continued use of our Services.

2. Private Area
If you are already one of our customers and have opened an account with us, you must use a password to enter our websites. A "session cookie" is used to enable you to leave and re-enter our Websites without re-entering your password. Our web server will record the pages you visit within our Websites. To ensure a good quality of service, we may monitor and record any communication you have with us whether in writing, by phone or by electronic mail. Any information which you transmit to us is transmitted at your own risk.

We may also collect:
- Details of your visits to our Services and the resources and webpages that you access including, without limitation, traffic data, location data and other communication data (including IP address). Note that we do not extract any personal information (e.g. email address or name) that may be in a web browser’s user preference file.

- Technical information relating to the device that you use to access our Services.
- Information we collect using cookies stored on your device about how you use our Services and/or selected third party websites - for more information on cookies please refer to Cookies section below.
- Your account history including but not limited to properties for sale that are viewed and downloaded.
- Your telephone conversations with us - these may be recorded both to assist us in training and in quality management, and to allow for the speedy resolution of queries.

It is important to highlight that our Services are not intended for individuals under the age of 18 and we do not knowingly record or retain any personal information from such individuals. In the event that we inadvertently gather personal information in relation to a minor, we will take reasonable measures to promptly close any relevant accounts and remove any records where possible, other than such information as will allow us to identify and prevent future access from such individuals.

3.2 How your Personal Information will be used?
We will process your Personal Information in order to allow you to access and make use of our Websites, to allow you to participate in the services offered, to administer your account, to maintain our accounts and records, to enable us to comply with any legal or regulatory requirements, to monitor website usage levels and the quality of the service we provide and to inform you, from time to time, about products and services that we consider may interest you and for related purposes. We will also retain such information and may analyse it in order to investigate any actual or suspected criminal activity. All rights in the manner of recording your Personal Information held by Sidney Phillips Limited (including copyright and database rights) are and shall remain its property.

Your information may be processed in the following ways:
- For general account management and processing of your Personal Information;
- For the provision of managing and processing your requirements in order to send properties and businesses for sale that may match your search criteria;
- To help identify you in case we need to interact over the phone, electronic email or any other way;
- To verify your age and accuracy of your registration details, including disclosure of such information to third parties e.g. financial institutions and third party reference agencies;
- To serve appropriate and tailored marketing material and content via SMS, email, phone, push notification, post or otherwise, in accordance with your marketing preferences;
- To help diagnose system problems and to administer our Websites;
- To gather broad demographic information about you, such as determining whether you are a user from outside the UK;
- To monitor and improve our Services;
- To carry out customer research, testing and analysis;
- To carry out risk management;
- To detect and report fraud, cheating and money laundering;
- To enable us to comply with any legal or regulatory requirements.

3.3 To whom and where personal information may be disclosed?
Your Personal Information may, for the purposes described above, be transferred or disclosed to any company within the Group or, subject to appropriate agreement, to third parties, for the processing of that Personal Information on our behalf. The Group may, from time to time, retain trusted third parties to process your Personal Information for the purposes listed above and such processing will be governed by a contract in the form required by law. Where required by law, your Personal Information may also be disclosed to an applicable governmental, regulatory or enforcement authority. Additionally, in circumstances where we deem it appropriate, your Personal Information may be disclosed to any governmental, regulatory or enforcement authority (whether at the request of such authority or otherwise) which has issued any company within the Group with a demand, warrant or writ.

3.4 Accuracy and Access to Information
You are entitled and we require you to have any inaccurate information corrected so please ensure that you notify us of any updates, amendments and corrections to your information by logging into the ‘Amend My Details’ section of your online account and amending your ‘Personal Information’, ‘Address Information’ and ‘Contact Information’. If you wish to query the nature of how we process your personal data, you can contact us at any time. Our contact details are located in the 'Contact' pages of our website.

You also have a right to request a copy of any personal information that we hold about you. Should you wish to make such a request you should contact us in writing at:
Subject Access Requests c/o Sidney Phillips Limited, Shepherds Meadow, Eaton Bishop, Hereford, Herefordshire HR2 9UA with a cheque payment for £10 made payable to Sidney Phillips Limited.

You should include adequate information to identify yourself and such other relevant information that will reasonably assist us in fulfilling your request. Your request will be dealt with as soon as possible. Under the Data Protection Acts, we are entitled to charge an administration fee for processing such requests.

3.5 Retention and Disposal
We only keep your information for as long as is necessary for the purpose for which it was originally obtained. Please note that we may be required in certain circumstances to retain your information indefinitely (for example under our own legitimate interests). We will take all necessary steps to ensure that the privacy of information is maintained upon disposal.

4. SECURITY
We recognise that online security is an area of vital importance for all our customers. It is imperative that you should have full confidence that your personal details are secure before you register an account. We employ security measures to protect your information from access by unauthorised persons and to prevent unlawful processing, accidental loss, destruction and damage. We use state of the art technological security solutions, including encryption when transmitting sensitive information across the internet. This means that all personal and financial information sent to and from the Website or from us by electronic mail are encrypted in accordance with good industry practice.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping the password, as well as any means to manage the password such as a registered email address, secure and confidential at all times.

As the security of some communications via the internet is not completely secure, we cannot guarantee the security of any information that you disclose using your internet connection or electronic mail. You accept the inherent security implications of using the internet and Sidney Phillips Limited will accept no liability for any direct, consequential, incidental, indirect, or punitive losses or damages arising out of such an occurrence.

While we follow best practice, including but not limited to implementing administrative, technical and physical measures to safeguard your personal information against loss, theft and misuse you should also take personal steps to protect the security of your data both physically and electronically by following common best practice procedures such as:
- Running Anti-Virus software and keeping it up to date;
- Applying operating system, web browser and other security updates;
- Ensuring your PC or other device is not left unattended whilst logged into our Websites; and
- Using strong passwords for all Services and logins.

5. COOKIES
The Websites (including those optimised for mobile devices) use cookies and similar technologies to manage login sessions, provide personalised web pages and to tailor advertising and other content to reflect your specific needs and interests. By using the Websites and applications you agree to the use of cookies and similar technologies for the purposes we describe in this Policy.

5.1 Acceptance of Cookie Policy
Your use of the Services will constitute acceptance of the then current Privacy & Cookie Policy, to include any amendments thereto. Please read this policy carefully to ensure that you understand our views and practices regarding the capture, retention, processing and transfer (where applicable) of your information. If you do not agree to accept and be bound by the Privacy & Cookie Policy, please discontinue your use of the Services.

5.2 What is a web cookie?
Cookies are text files containing a small amount of information that are downloaded to your device when you visit a website. They are generally used by most websites to improve your online experience and to ensure that relevant content and functions are delivered and used more effectively.

Cookies perform various different functions. For example, some cookies are downloaded to your device temporarily for the period that you browse a particular website; these cookies might allow you to navigate between pages more efficiently or enable websites to remember the preferences you select. Other cookies can be used to help websites remember you as a returning visitor or ensure the online adverts you receive are more relevant to your specific needs and interests. You can amend your browser settings to block some or all cookies. To do this, follow the instructions provided by your browser manufacturer. However, if you block cookies from the Websites some or all the website's functions may not perform as intended. Set out below is an indicative list of the types of cookies we use:

Cookie type: Purpose
- Visitor ID Cookie: An anonymous identifier used to recognise a visitor across visits.
- Tracking Cookie: An account related ID used to recognise customers and maintain your session on site.
- Customisation Cookie: Used to customise your experience.
- Testing Cookies: Anonymous cookie used to randomly serve variants of content and to maintain a visitor's view of that content.
- Analytics Cookies: These are used to collect information about how visitors use our Websites. We use the information to compile reports and to help us improve the Websites.
- Advertising Cookies: These are anonymous identifiers used to serve ads of third parties.

You can find more information about cookies at:
www.cookiecentral.com
www.allaboutcookies.org
www.youronlinechoices.eu

6. MARKETING COMMUNICATIONS
As part of the initial account registration process, whether via our Websites, telephone, email or via a 3rd party portal, you are provided with an opportunity to record your marketing preferences. We endeavour at all times to respect your preferences and not send you communications in contravention of your wishes.

Where you have agreed to receive such communications, the Group may use your information and personal details to contact you with marketing messages by SMS, email, phone, post or otherwise. We will do this during the period of your relationship with us and, unless specifically instructed otherwise by you, for a reasonable period of time after the relationship has ended in order to inform you about products and/or services which we feel may be of interest to you.

These marketing messages will provide you with information about the products and services offered by any company within the Group.

You can opt out from receiving or opt in to receive such marketing communications in future by logging into your account and changing your marketing preferences within the “Amend My Details” tab. You will also be able to opt out by following the respective unsubscribe or opt out mechanisms detailed in our electronic communications.

7. EXTERNAL LINKS
Our Websites may contain links to other sites. The Group will not be responsible for the privacy practices or the content of such websites.

All negotiations must be conducted through Sidney Phillips Limited (Trading as Sidney Phillips). Any map: Crown copyright reserved. Licence number ES100017717.