GDPR Privacy Policy
What users can expect will happen to their data


To ensure transparency and compliance with current UK legislation,

the following sections are provided for under this document;


Our lawful bases for processing data?
What information is being collected?
Who is collecting it?
Why is it being collected?
How is data collected?
How will the data be used?
Who will it be shared with?
What will be the effect of this on the individuals concerned?
Is the intended use likely to cause individuals to object or complain?


 

Lawful bases for processing

The lawful bases for processing are set out in Article 6 of the GDPR.
This states that at least one of these must apply whenever you process personal data:          

(a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose.
(b) Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.
(c) Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations).
(d) Vital interests: the processing is necessary to protect someone’s life.
(e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.
(f) Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)

Innovative Energy Solutions Ltd can identify three of the above options as being lawful, applicable reasons under which we process data.

Options B, C and F apply to our organisation; however, we intend to operate going forward under option “F” as a lawful basis for processing and the following detail provides the rationale behind this decision. Appendix “One” also provides evidence of a client’s “legal Obligation” for utility services, under their tenancy agreement.       



Why is the data being collected?

Our organisation provides an “outsourced” utility management service to the UK residential sales and lettings industry as well as the Social Housing sector. We create a formal, contractual relationship with sales and lettings agents and social housing depts, in handling the complete change of occupier function on their behalf.


Each “change of tenancy” which occurs in a rented property, carries a legal obligation on the responsible party to undertake the communication of any such “change of occupier” status to their local water authority.

The Flood and Water Act 2010 (Paragraph 45(1) states the following;

45  Water and sewerage charges: non-owner occupiers

(1) After section 144B of the Water Industry Act 1991 (charges: charging by volume) insert—

“144C Non-owner occupiers

(1) This section applies to residential premises which are occupied by one or more persons other than the owner (and not by the owner).
(2) The owner must arrange for the undertaker to be given information about the occupiers.
(3) If the owner fails to comply with subsection (2), the occupiers' liability for charges under this Chapter becomes shared jointly and severally with the owner.


Who is collecting it?

To allow our organisation to carry out its agreed services, we need to receive, distribute and retain a specific amount of client data. Innovative Energy Solutions Ltd are both “Data Controllers” and “Data Processors” under our current data protection laws.



What information is being collected?

In respect of our tenants, the following fields are collected and sent out to councils, water and energy providers;

Tenant(s) full names
Tenant(s) contact telephone numbers(s)
Tenant(s) email address
Tenancy address
Lead tenant employment status
Tenancy start/end date
Tenant “move in” or “move out” date
Meter read information, to allow “opening/closing” bills to be issued
Tenant forwarding address (if applicable)


In respect of our landlords, the following fields of data are collected and sent out to the respective councils, water and energy providers;

Landlord/Agent name
Full property address
“Move in” or “move out” dates
Meter read information, to allow “opening/closing” bills to be issued
Void period billing address



How is data collected?

All data collected and distributed using the following methods:

                                Encrypted csv/xml file
                                SFTP transfer
                                Encrypted email
                                Encrypted online SSL webform



How will the data be used?

Our organisation provides proof that reasonable steps were taken in communicating the relevant change of tenancy data to each respective water authority, council and energy provider. Indeed, councils across the land are also placing a liability on the owner of a property to communicate any change in occupancy in a timely manner and if reasonable steps cannot be proved, then a financial penalty can be applied. Our model affords the owner of said properties the reassurance that they are compliant with each relevant authority and any such orders and legislation.

A fundamental aspect of our service is to ensure that all tenants are made aware of their “contractual obligations” in relation to utility services within their new home. This can be provided for in a variety of ways, and historically was provided for by relying on a tenant to read the relevant section within their tenancy agreement (See Appendix One). This has proven to be ineffective and has led to issues when it comes to the closing and opening of utility bills within rented properties.

Our model has been created to deal with this ongoing issue and is designed to “educate and support” our tenants in fulfilling their own legal and contractual responsibilities. Our extensive experiences in this field, proves that the optimum delivery method is to verbally communicate this with each specific lead tenant, allowing us to support each individual where required in fulfilling their legal responsibilities and at the same time recording the entire process to provide a robust audit trail in the event of discrepancies later.


Who will the data be shared with?

In addition to current councils, water, energy or managing agents, there may be occasion where we need to deal with issues or discrepancies relating to previous utility services/billing. To ensure that we can confirm all change of occupancy details at any time, we retain the change of occupier data for a minimum period of six years.

When it comes to new services, then these are always instigated at the request of our tenants. To fulfil this request, we would need to pass on personal and/or financial data to our many service providers. This operation is carried out securely, using the appropriate communication methods (portal, email or “hotkey”) and while providing this service, we never retain client personal financial data within our systems.
 
We actively work with the following organisations;

Ecotricity-Energy Provider
Eon-Energy Provider
EDF- Energy Provider
Tonik Energy- Energy Provider
iSupply – Energy Provider
Extra Energy- Energy Supplier
iammoving – Energy Portal Provider (wider range of suppliers)
Virgin Media – Telecom Services
Love Digital – Sky Telecom Services
Plusnet – Telecom Services
iammoving – Telecom Portal Provider (wider range of service providers)
TLH – Landlord & tenant Insurance service provider

Since we need to carry out our services to fulfil a “legitimate Interest”, we do not need tenant consent to both process any change of occupier data or to contact a client to cover of the legal responsibilities part of our service provision. The client will always instigate any further support required thereafter.

Our organisation has a range of robust security measures and policies in place to protect client data. We employ the full use of encryption wherever possible and all our data is stored securely in the cloud via our crm providers Zoho. Regular audits are carried out by our data security manager, to ensure compliance and data security are maintained always.

Where any request is made by a client for access to data held, we are fully able to comply with this request within a one-month timeframe (unless mitigating circumstances force an extension to this). Additionally, if any data we hold is inaccurate or irrelevant, we can amend or erase as is deemed necessary.

Data security policies are in place to ensure that all staff can report any serious breach within 72 hours. Staff are trained to understand what constitutes, and to how to identify a potential or actual serious breach to our “Data Security Manager”.

Our service providers are all “Blue Chip” companies and as such we/they undertake regular data protection reviews, to ensure that we remain fully compliant always. We have conducted due-diligence on our supply chain to ensure that all suppliers are GDPR-compliant to avoid being impacted by any breaches and consequent penalties. Contract terms are in place with all our suppliers placing obligations on them to notify us should they have a data breach.

Under GDPR, we are required to describe to individuals what you’re doing with their personal data. All tenants are verbally provided with confirmation that the data we hold relating to any change of occupier at a property, will be supplied to each relevant utility provider. If further support or services are provided to the tenant, then the individual is specifically advised on what action is taking place with regards to their personal data. All additional data submitted is always done so at the specific request of the tenant.



What will be the effect of our services on the individuals concerned?

By ensuring the accurate transfer of data between current utility providers and each responsible party, our service reduces the risk of a landlord or managing agent facing a joint liability for utility costs during a tenanted period. By providing the end user with verbal confirmation of their legal responsibilities towards utility services and the provision of ongoing support for the responsible party, we reduce the likelihood of issues arising from billing and other service related problems commonly associated when renting a property within the UK.


Is the intended use likely to cause individuals to object or complain?

Correct explanation and use of the data would not cause an individual to object or complain to its use.


APPENDIX 1

Example Assured Shorthold Tenancy Agreement Clauses.

1.Tenant’s Obligations

The Tenant hereby agrees with the Landlord as follows:

1.1 Not to change the supplier of the Utilities and Services as specified in The Particulars without the express written permission   of the Landlord (which will not be unreasonably withheld).

1.2 Not to tamper, interfere with, alter, or add to, the installations or meters relating to the supply of such Services to the Property.   This includes the installation of any prepayment meter.

1.3 The Tenant agrees that the Landlord may pass on the Tenant’s forwarding address and/or other personal information to utility   suppliers, local authority, any credit agencies, or reference agencies and for debt collection.

1.4

(a) to pay or otherwise indemnify the Landlord against any Council Tax or any tax replacing Council Tax payable in respect of the Premises and to register with the relevant Council Tax Implementation Officer as soon as possible and to discharge his/her personal liability for Council Tax

(b) to pay for gas  electricity  oil fuel and water which shall be consumed or supplied on or to the Premises during the tenancy and the amount of all charges (including rental) made for the telephone (if any) on the Premises during the tenancy and to this end the Tenant shall procure that the accounts issued by the relevant suppliers of the said gas electricity water and telephone shall be issued to and in the name of the Tenant for the duration of the tenancy and the Tenant shall settle any such accounts forthwith upon receipt of the same and in the event of the disconnection of the gas electricity water and telephone for any non-payment of any account the Tenant shall pay the re-connection charges and shall indemnify the Landlord for any demands or claims in relation thereof

(c) to pay for the television licence

 

Free support 01623 880095 (option 1)

Utilitease is a trading style of Innovative Energy Solutions Ltd, Registered No 07491786, 1st Floor, Beech House, 58 Commercial Gate, Mansfield, NG18 1EU

Free support 01623 880095 (option 1)

Innovative Energy Solutions is an Appointed Representative of Let Insurance Services Limited, an independent intermediary authorised and regulated by the Financial Conduct Authority.

LetRisks is a trading name of Let Insurance Services Limited.

Utilitease

Protecting our Clients Data