Introduction and Scope

Create Homes Ltd (the Company) is a ‘data controller’. This means that we are responsible for deciding how we hold and use personal data about you. We are also a ‘data processor’ of your data

This privacy notice is applicable to you because we either do business together or there is a potential to do business together. It makes you aware of how and why your personal data will be used, namely to carry out our legal and contractual obligations with you with regard to finding and purchasing a property, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation (EU) 2016/679) and all applicable regulations, domestic legislation, successor legislation relating to the protection of individuals with regards to the processing of personal data to which the Company and any Group Company is subject to.


Arrangements for Implementation


1 – Data Protection Principles

1.1 We will comply with data protection law and principles, which means that your data will be:

1.1.1 Used lawfully, fairly and in a transparent way;
1.1.2 Collected only for valid purpose that we have clearly explained to you and not used in any way that is incompatible with these purposes;
1.1.3 Relevant to the purposes we have told you about and limited only to those purposes;
1.1.4 Accurate and kept up to date;
1.1.5 Kept only as long as necessary for the purposes we have told you about; and
1.1.6 Kept securely.


2 – The information we hold about you

2.1 In connection with the terms of service in which we operate, we will collect, store, and use the following categories of personal data about you, which includes personal contact details, signatures, photographs and bank details:

2.1.1 Name;
2.1.2 Address;
2.1.3 Personal and Work contact details;
2.1.4 Bank Details;
2.1.5 Signatures; and / or
2.1.6 Photographs.

2.2 We will not collect, store or use “special categories” of more sensitive personal information.


3 – How do we collect your personal data?

3.1 We collect personal data about you in a variety of ways, when you interact with us via telephone, email, website, social media, post or visiting our developments. This includes enquiries, reservations, purchasing and fulfilling our aftercare service.

3.2 We may also collect data about your from 3rd parties such as estate agencies service providers e.g. Right Move.


4 – Why we process your personal data

4.1 We need to collect and process your personal data to take steps, at your request to respond to queries and process reservations. We also need to process your data to enter into and perform our sales and aftercare contract with you.

4.2 We also have a legitimate interest in maintaining your personal data on our systems as we need to retain records to comply with our legal obligations and general business administration of our customer records and potential customer’s records.

4.3 We may also need to process data to respond to and defend against legal claims.

4.4 Where we rely on legitimate interests as a reason for processing data, we have considered whether or not those interests are overridden by the rights and freedoms of individuals and have concluded that they are not. Our legitimate interests include:

4.4.1 Process and manage the purchase of our properties;
4.4.2 Facilitate the provision of optional extras and warranties etc.;
4.4.3 Promoting, advertising and marketing our properties and services;
4.4.4 Improving our products and services; and
4.4.5 Administration of our contracts.


5 – Who has access to personal data

5.1 Your information will be shared internally for the purposes of setting up and executing our contracts.

5.2 We will share your personal data with other entities in our Group in order to fulfil necessary functions, such as accounting, marketing and as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data. The Group comprises:
Create Group = Create Construction Ltd; Create Homes (Land & Property) Ltd; and Create Developments Ltd.

5.3 Your information will be shared with our 3rd party service providers who process your personal data on our behalf, such as banks and banking software for making and receiving payments, estate agencies services, solicitors, regulatory bodies and financing schemes such as local councils, help to buy, Easymove and website. All 3rd parties are required to take appropriate security measures to protect your personal data and we recommend you check their privacy policies to understand their own data processing activities.

5.4 We may share your personal data with other third parties, for example in the context of the possible sale or restructuring of the business or with the Company’s professional advisors. Appropriate steps will be taken to maintain the security and confidentiality of any personal data shared in this way. We may also need to share your personal information with a regulator or, to otherwise comply with the law.

5.5 Some of our external third party suppliers are based outside, or use hardware located outside, the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.


6 – If you fail to provide personal information

6.1 If you fail to provide or keep up to date, information when requested which is necessary for us to fulfil our obligations, you will be in breach of our contract and we will not be able to process your payments or fulfil our contractual obligations.


7 – Information about criminal convictions

7.1 We do not envisage that we will process information about criminal convictions.


8 – Automated decision making

8.1 You will not be subject to decisions that will have a significant impact on you based solely on automated decision making.


9 – Data Security

9.1 We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees and other third parties who have a business need-to-know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from Managing Director.

9.2 We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.


10 – Data Retention (how long do we use your data for)

10.1 The Company will only retain your personal data for as long as necessary to fulfil the purposes it was collected for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

10.2 To determine the appropriate retention period for personal data, the Company considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which it processes your personal data and whether it can achieve those purposes through other means, and the applicable legal requirements.

10.3 We keep personal data from potential customers for up to 2 years from initial enquiry, unless you notify us to remove you from the database. You can unsubscribe to our marketing newsletters at any time. We hold customer data for 7 years after a completed purchase.

10.4 We keep data relating to the purchase of a property up to a maximum of 15 years.

10.5 We keep data relating to health and safety up to a maximum of 40 years.


11 – Your rights

11.1 Under certain circumstances, by law you have the right to:

11.1.1 Request access to your personal information (commonly known as a ‘data subject access request’ or DSAR). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

11.1.2 Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

11.1.3 Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

11.1.4 Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.

11.1.5 Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

11.1.6 Request the transfer of your personal information to another party.

If you want to exercise any of these rights please contact Managing Director in writing.


12 – Does the Company require consent?

12.1 The Company does not need your consent if we use your personal data in accordance with our written policy to carry out our legal obligations and / or contractual obligations.

12.2 The Company may approach you for your written consent to allow us to include your personal data within our social media sites (such as your photographs) and for internal and external marketing (such as newsletters and special offers). You should be aware that it is not a condition of your purchase contract with the Company that you agree to any request for consent


13 – Can I withdraw my consent?

13.1 Yes, where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Managing Director. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law, and as notified to you in this privacy notice.


14 – Can this policy be amended?

14.1 Yes, the Company reserves the right to update this privacy notice at any time, and it will provide you with a new privacy notice when it makes any substantial updates. The Company may also notify you in other ways from time to time about the processing of your personal information.


15 – Queries or Complaints about how we process your personal data

15.1 If you have any questions about this privacy notice or how we handle your personal data, please contact the Managing Director in writing to the address below:

Managing Director
Create Homes (Land & Property) Ltd
I Neptune Court
Hallam Way

15.2 You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulatory authority for data protection issues, however we would appreciate it if you would contact us in the first instance to try to resolve any issues.