Sanctuary Scotland Privacy Statement

1. Purpose of our Privacy Statement

1.1 Under the Data Protection Act 2018 and the General Data Protection Regulation, we are required to explain to you why we are asking for this information about you, how we intend to use the information you provide and whether we will share this with anyone else.

2. Who are we?

2.1 We are Sanctuary Scotland Housing Association Limited, a part of Sanctuary Group (“Sanctuary”) one of the UK's leading providers of housing, care and commercial services. Our address is Chamber Court, Castle Street, Worcester, Worcestershire, WR1 3ZQ.

3. Our Data Protection Officer

3.1 Our Data Protection Officer is responsible for overseeing what we do with your information and monitoring our compliance with data protection laws. 

3.2 If you have any concerns or questions about our use of your personal data, you can contact our Data Protection Officer by writing to The Data Protection Officer, Sanctuary House, Chamber Court, Castle Street, Worcester, Worcestershire, WR1 3ZQ or emailing data.protection@sanctuary-housing.co.uk.

4. Why are we collecting your information?

4.1 The information that you provide to us on the form(s) relating to your application is required by Sanctuary in order for us to assess your need for housing. Without this information, we will not be able to enter into a contract with you. Our aim is that by further understanding your individual needs, we will be able to provide an improved service.

4.2 If you are offered a tenancy, Sanctuary may invite you to answer some questions on your personal and financial circumstances. If you agree to provide this information it will be used to complete the Account Management Process, which will allow Sanctuary to offer tailored services related to your rent account. This is an automated process and your rights relating to this are set out at section 13.2. Sanctuary does not currently carry out any other automated decision making and we will tell you if this ever changes.

4.1 The information that you provide to us during the course of your tenancy is required by Sanctuary in order for us to provide you with our basic services under your contractual agreement. Without this information, we will not be able to enter into a contract with you. Our aim is that by further understanding your individual needs, we will be able to provide an improved service.

4.2 Before or during your tenancy Sanctuary may invite you to answer some questions on your personal and financial circumstances. If you agree to provide this information it will be used to complete the Account Management Process, which will allow Sanctuary to offer tailored services related to your rent account. This is an automated process and your rights relating to this are set out at section  13.2. Sanctuary does not currently carry out any other automated decision making and we will tell you if this ever changes.

5. What information are we collecting?

5.1 The only information which we are collecting about you is the information which you provide to us on your form(s) and in any correspondence or discussions with you during the application process.

5.2 Some of the information which we collect will be special categories of personal data (also called sensitive personal data), which includes information about your medical circumstances as requested on the form(s).

5.3 Some of the information which we collect will also include your current and historical financial circumstances and personal circumstances for example if you are currently in employment.

5.1 We are collecting information about you which you provide to us on the forms completed and in any correspondence or discussions with you during the course of your tenancy.

5.2 Some of the information which we collect will be special categories of personal data (also called sensitive personal data), which includes information about your health and racial or ethnic origin.

5.3 Some of the information which we collect will also include your current and historical financial circumstances and personal circumstances for example if you are currently in employment.

6. What we are going to do with your information

6.1 The information you provide to us will be used for the following purposes:

6.1.1 It will be stored and used by us in accordance with this privacy statement and also in accordance with your rights under the Data Protection Act 2018 and the General Data Protection Regulation;

6.1.2 It will be collected and used by us fairly and openly for the purpose of providing our services to you. 

6.1.3 It will allow us to provide services which are tailored to your needs.

6.1.4 It will be used to verify the details of your application in order to assess your housing requirements and eligibility.

6.1.5 It will be used to obtain references from your previous landlords during the last three years and to establish your financial status and ability to sustain a tenancy.

6.1.6 The information you provide will allow us to make contact with you in the most appropriate way. For example, we can provide literature in large print if you have difficulty reading smaller print; or provide documents in an alternative language if English is not your first language.

6.1.7 It will be used to allocate an Account Management Profile to you for rent account management. 

6.1.8 It will be used to provide you with welfare benefit advice.

6.2 An understanding of your personal situation and individual needs will allow us to provide a tailored service that meets any physical, cultural or financial needs that you may have.

6.3 Some of the information which we collect will be special categories of personal data (also called sensitive personal data), such as information about your ethnic background or any disability you may have. You need to be aware that we will use this information in order to ensure we deliver services in an appropriate manner. 

6.1 The information you provide to us will be used for the following purposes:

6.1.1 It will be stored and used by us in accordance with this privacy statement and also in accordance with your rights under the Data Protection Act 1998 and the General Data Protection Regulation;

6.1.2 It will be collected and used by us fairly and openly for the purpose of providing our services to you;

6.1.3 It will allow us to provide services which are tailored to your needs;

6.1.4 It will be used to improve the services you receive from us; and

6.1.5 It will be used to support you to effectively manage and sustain your tenancy, including, but not limited to: housing management to ensure compliance with the terms of your contract with us 

6.1.6 It will be used to allocate an Account Management Profile to you for rent account management 

6.1.7 It will be used to provide you with welfare benefit advice

6.1.8 It will be used for the arrangement and completion of repairs

6.1.9 It will be used for the fulfilment of our regulatory and legislative requirements, and specifically our mutual obligations in terms of compliance and health and safety

6.1.10 It will allow us to make contact with you in the most appropriate way. For example, we can provide literature in large print if you have difficulty reading smaller print; or provide documents in an alternative language if English is not your first language.

6.2 An understanding of your personal situation and individual needs will allow us to provide a tailored service that meets any physical, cultural or financial needs that you may have.

6.3 Some of the information which we collect will be special categories of personal data (also called sensitive personal data), such as information about your ethnic background or any disability you may have.

6.4 In circumstances where we may wish to use your personal data to help us improve our services for you (including, but not limited to, involvement in our resident scrutiny processes) we will explicitly seek your consent.

7. What is the legal basis for using your information?

7.1  In accordance with the data protection laws, we need a "legal basis" for collecting and using information about you. There are a variety of different legal basis for processing personal data which are set out in the data protection laws.

7.2 The lawful basis on which we rely, in order to use the non-sensitive information which we collect about you for the purposes set out in this notice, will be that it is necessary for us to assess your housing application prior to entering into a contract with you.

7.3 The lawful basis on which we rely, in order to use your special categories of personal data which we collect about you (in other words, your sensitive data), will be that it is necessary for us to assess your particular housing needs, so that we can comply with our obligations under social protection law and as a social landlord.

7.4 The lawful basis on which we rely, in order to use information on your personal and financial circumstances to allocate you an Account Management Profile, will be that you have provided explicit consent to our use of your information for that purpose, so that Sanctuary can provide tailored rent management services to you to help you to manage your rent account.

7.2 The lawful basis on which we rely in order to use non-sensitive information which we collect about you for the purposes set out in this notice will be:

7.2.1 that it is necessary for us to enter into and perform the contract between us and

7.2.2 that it is necessary for us to comply with a legal obligation to which we are subject and

7.2.3 that you have provided consent to our use of your information where the purpose is not directly related to tenancy management (see paragraphs 5.2, 6.3 and 6.4 above).

7.3 The lawful basis on which we rely, in order to use your special categories of personal data which we collect about you (in other words, your sensitive data), will be that it is necessary for us to assess your particular housing needs, so that we can comply with our obligations under social protection law and as a social landlord. 

7.4 The lawful basis on which we rely, in order to use information on your personal and financial circumstances to allocate you an Account Management Profile, will be that you have provided explicit consent to our use of your information for that purpose, so that Sanctuary can provide tailored rent management services to you to help you to manage your rent account.

8. Sharing your information

Members of Sanctuary Group

8.1 Sanctuary Group is made up of a number of related companies. We will share your information with other members of Sanctuary Group where necessary in order to assess your housing requirements and eligibility. 

8.2 Your information will only be accessed by other companies in the Group where it is necessary to do so in order to establish whether we can meet a housing need. The obligations which are set out in this notice shall apply to the other members of the Group to the same extent that they apply to us. 

8.3 For more information on which companies make up Sanctuary Group, please go to www.sanctuary-group.co.uk/about-us.

Regulators and other legal obligations

8.4 We may also be required to share your information with our regulators who are permitted access to this information by law and with other organisations where we have a legal obligation to share the information with them.

Other organisations

8.5 We may from time to time share your information with other organisations, such as:

8.5.1 previous landlords during the last three years to establish your financial status and ability to sustain a tenancy;

8.5.2 Sanctuary’s appointed occupation therapy specialist, in order to verify your medical needs in relation to housing;

8.5.3 the police for the purpose of detection and prevention of crime;

8.5.4 those with a function of auditing and / or administering public funds for the purpose of detection and prevention of fraud;

8.5.5 statutory and / or voluntary bodies with a function of providing support and social care.

Members of Sanctuary Group

8.1 Sanctuary Group is made up of a number of related companies. We will share your information with other members of Sanctuary Group where necessary in order to best provide the services to you in accordance with the contract between us.

8.2 Your information will only be accessed by other companies in the Group where it is necessary to do so in order to provide services to you in accordance with our contract. The obligations which are set out in this notice shall apply to the other members of the Group to the same extent that they apply to us.

8.3 For more information on which companies make up Sanctuary Group, please go to www.sanctuary-group.co.uk/about-us.

Contractors and sub-contractors

8.4 It may be necessary to share information about you with our contractors and sub-contractors in order to provide you with the services in accordance with the contract between us.  We will only share information about you with the contractors and sub-contractors which is relevant and necessary to address your individual needs. The contractors and sub-contractors shall be contractually required to ensure that they adhere to the security requirements imposed by the Data Protection Act 1998 and / or the General Data Protection Regulation (as applicable).

8.5 Our contractors and sub-contractors will not share your information with any other parties and will only be able to use the information when completing work on behalf of us.

Regulators and other legal obligations

8.6 We may also be required to share your information with our regulators who are permitted access to this information by law and with other organisations where we have a legal obligation to share the information with them.

Other organisations

8.7 We may from time to time share your information with other organisations, including, but not limited to:

8.7.1 utility companies so they can provide services to you and contact you in respect of utility charges;

8.7.2 the police for the purpose of detection and prevention of crime; 

8.7.3 organisations  such as local government, with a function of auditing and / or administering public funds for the purpose of detection and prevention of fraud or reduction of homelessness;

8.7.4 statutory and / or voluntary bodies with a function of providing support and social care;

8.7.5 court services in relation to formal tenancy enforcement action;

8.7.6 Public Trustee in relation to the termination of a tenancy where there is no next of kin or Executor;

8.7.7 Property management companies to deliver services in keeping with the specific terms of the housing management contract.

9. Transferring your information abroad

9.1 We intend to transfer the information which you provide to us to the United States of America. We are transferring that information to the USA because our e-marketing software provider is located in that country. 

9.2 We are transferring your information to Campaign Monitor for the purpose of sending e-marketing and communication emails to you.

9.3 The European Commission has made an adequacy decision in relation to the USA. This means that the Commission has determined that the data protection laws of the USA adequately protect your personal information. As a result, we are not required to obtain specific authorisation to transfer your information to the USA. You can find details of the adequacy decision on the Commission's website: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm

10. Security of your information

10.1 The information that you provide will be stored securely on our systems and the form that you complete will be shredded. Our security measures and procedures reflect the seriousness with which we approach security and the value we attach to your information.

10.2 Only relevant members of staff will access the information you provide to us.

11. Can we use your information for any other purpose?

11.1 In limited circumstances we may use your information for a purpose other than those set out in this policy. If we intend to do so, we will provide you with information relating to that other purpose before using it for the new purpose.

12. Storing your information and deleting it

12.1 Should you enter into a contract with Sanctuary, we will store the personal data which you provide to us for as long as you remain a resident and for a period of six years thereafter in accordance with the provisions of our Records Management Policy.  Should your application not be successful, we will store the personal data which you provide to us for a period of six months and then it will be deleted, in accordance with the provisions of our Records Management Policy. 

12.1 We will store the personal data which you provide to us for as long as you remain a resident, and in accordance with the provisions of our Records Management Policy.  Once you are no longer a resident of ours, we will review the information which we hold concerning you and determine whether there are any reasons why we need to continue holding that information.  For example, if a resident is in arrears when they leave the property, it may be necessary to retain certain information about them in order to recover those arrears. Once the identified purpose comes to an end, unless there is another identifiable purpose for which it is necessary to hold on to your information, we will delete it.

13. Your rights

13.1 In relation to the information which we hold about you, you are entitled to:

13.1.1 Ask us for access to the information;

13.1.2 Ask us to rectify the information where it is inaccurate or is incomplete;

13.1.3 Ask us to erase the information, and take steps to ask others with whom we have shared your information, to erase it; 

13.1.4 Ask us to limit what we do with your information;

13.1.5 Object to our use of your information and ask us to stop that use;

13.1.6 Instruct us to provide you with the information we hold about you in a structured and commonly used format or transmit that information directly to another organisation (for example, if you want the information to be sent to another housing provider).

13.2 Our Account Management Process is an automated process and because of this, you are entitled to:

13.2.1 Request human intervention in the Account Management Process (this means that you can ask for your profile to be reviewed and considered by a member of our income team rather than calculated automatically);

13.2.2 Ask to express your point of view about the Account Management Process; or 

13.2.3 Challenge the Account Management Profile that has been allocated to you. 

13.3 Our obligations to comply with the above rights are subject to certain exemptions.

13.4 Where we are using your information because you have provided your consent to that use, you are entitled to withdraw your consent at any time. The lawfulness of our use of your information before consent was withdrawn is not affected.

13.5 To exercise any of the rights referred to above, you should contact our Data Protection Officer by writing to The Data Protection Officer, Sanctuary House, Chamber Court, Castle Street, Worcester, Worcestershire, WR1 3ZQ or emailing data.protection@sanctuary-housing.co.uk.

13.6 You also have the right to complain to the Information Commissioner's Office (the "ICO") if you are not satisfied with the way we use your information. You can contact the ICO by writing to Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.