Joint Sector Protocol For Property Services Providers
THE PURCHASE OR SALE, BY WHATEVER MEANS, OF LAND
(E.g purchase/sale of residential property) This protocol is intended to ensure that the strictest of precautions are taken in the best interest of clients, consumers, employees and employers, to provide the highest standards of safety in the sales, lettings, valuations and management of property.
CONDUCTING VIEWINGS / INSPECTIONS FOR SECONDHAND RESIDENTIAL DWELLINGS
Arranging an Inspection • Agree an inspection or valuation appointment time with the prospective client.
• Confirm whether prospective client is cocooning or in an at risk category and if so, identify any additional precautionary measures that may be required.
• Confirm whether prospective client has returned from travel abroad or has had symptoms of COVID-19 over the last 14 days. If so the PSP should not commence to provide the property service for a minimum of at least 14 days.
• Agree whether the property will be vacant at time of inspection/valuation.
• Where the property is occupied, social distancing must be adhered to.
• On entry and exit from the property, hands must be sanitised.
What to Prepare Prior to Arranging Viewings Property owners/occupiers
• Confirm whether prospective client is cocooning or in an at risk category, and if so, identify any additional precautionary measures that may be required.
• Advise property owners/occupiers of the HSE guidelines and this protocol and request any particular in-house requirements they may have in advance.
• Agree with the owners/occupiers that they will not be in the property at the time of viewing.
• To mitigate against unnecessary physical interactions with clients/occupiers, ask to have access keys/fobs for the property placed in a secure location for collection.
• Agree with owners/occupiers and note all touch points in the dwelling for the PSP to sanitise after viewing (e.g. door handles, light switches etc.)
Ask property owner(s)
•To secure in the open position all doors to avoid viewers touching handles;
• to open some windows to ventilate the property;
• to turn on lights
•To open all storage units. It is recommended that these remain in an open position to avoid contact with viewers. • Agree with owner/occupier the use of official Covid-19 signage at locations throughout the property to act as a useful reminder to viewers to follow the HSE rules.
• Ensure hand sanitising facility at the entry point of the property.
Viewers • Pre-booked private appointment viewings only.
• Name and phone contact details of viewing party recorded in advance of viewing.
• Maximum 2 people per party and no young children (under 16).
• Time restricted appointments (15-minutes recommended) with sufficient time allowed between appointments to avoid any potential cross over of viewers.
• Links to brochure and site plans sent by email to viewers ahead of viewing. HSE Covid-19 official instructions to be included in all correspondence.
• Contact viewer(s) in advance to confirm booking and set out controls in place and that HSE Covid-19 official instructions must be adhered to during viewings.
Viewers should also be advised:
• not to park close to residents’ cars or driveways by mounting the kerbs or close to an area where children are playing.
• that they must not attend if displaying any COVID-19 symptoms, are self-isolating or have returned from overseas in the last 14 days.
• that they should remain a reasonable distance from the property (e.g. remain in car) until given permission by PSP to enter. During Viewings • PSP’s should ask viewers to remain a reasonable distance from the property (e.g. remain in car) until given permission by PSP to enter.
• Greet viewing party outside the property, at 2 metre spacing markers
• No shaking hands or personal contact. • Viewing party is given access to the property and instructed to use hand sanitiser upon entry. • Remind viewers that toilets are not for public use.
• For vacant property, particularly smaller units, agents may decide to wait at the entrance to allow viewers to walk around.
• For occupied units, agents may decide to remain in the property whilst observing physical distancing (2 metre rule).
• Reconvene with viewing party outside the property to answer questions, at 2 metre spacing markers.
• Viewing party to be diverted to phone\video meeting if they have extensive questions. • As agreed with property owner/occupier the PSP will sanitise listed and agreed contact points. Closing of Sale • In the event of a customer purchasing a property at auction, contract signing must be completed with social distancing taking place. • Payment should be by inter bank transfer. CONDUCTING VIEWINGS / INSPECTIONS FOR NEW HOMES SHOWHOUSES Preparation for Showhouse • HSE Covid-19 official images and signage erected prominently inside and outside the show unit and in common areas of apartments.
• 2 metre yellow ground marking to highlight required social distance spacing outside unit or in common area.
• Hand sanitising facility available at the entry point of each show unit with signage requesting visitors to use before entry.
• List of contact points prepared for each unit, itemising each point that requires sanitation between viewings. (Door handles, handrails, bannisters)
• Cleaning record sheet to be prominently displayed in each show unit.
• Consideration of removal of doors to small rooms such as utility, storage spaces or alternatively remove and cap all door handles internally where possible to
minimise contact points.
• Doors to general rooms to be secured in the open position at all times.
• Property windows to be open to ventilate the show unit (all weather).
• No bathroom facilities provided.
Prior to Viewing • Pre-booked private appointment viewings only.
• Maximum 2 people per party and no young children (under 16).• Time restricted appointments (15-minutes recommended) with sufficient time allowed between appointments to avoid any potential cross over of viewers.
Viewers should also be advised:
• that they should remain a reasonable distance from the property (e.g. remain in car) until given permission by PSP to enter.
During the Viewing • Greet viewing party outside the property, at 2 metre spacing markers.
• No shaking hands or personal contact.
• Viewing party are given access to the property, instructed to use hand sanitiser upon entry and allowed to walk through unaccompanied.
• Viewing party to be diverted to phone\video meeting if they have extensive questions.Post Viewing • Property owner to facilitate a sanitisation cleaning once per week of property. Record of date and time of same to be displayed in each unit.
• PSP to sanitise listed and agreed contact points after each viewing.
• PSP to record time and date on the cleaning record sheet.
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The material contained on this website is for general information purposes only and does not constitute any legally binding contract. Any and all information is subject to change without notice. No liability whatsoever is accepted by Colbert and Co Estate Agents for taking action or refraining from taking action on reliance on the information contained on this site. Please further note that no business/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between Colbert and Co Estate Agents and you (the Client) until you have engaged services from us and paid an agreed deposit/fee in which then we confirm the terms of our appointment.
All goods/services that we are contracted to manufacture/deliver remain the physical or intellectual property of the above until paid for in full.
WHO WE ARE
We are Colbert and Co Estate Agents, 4 Main St, Midleton , Co. Cork. You can contact us at this address by post or through email at our webmaster , At firstname.lastname@example.org. Our data protection representative is our Webmaster Ray Sullivan contactable by e-mail at email@example.com.
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us
THE DATA THAT WE COLLECT ABOUT YOU, THE PURPOSE FOR WHICH WE COLLECT IT AND THE GROUNDS UPON WHICH WE PROCESS IT
MANY OF THESE SECTIONS MAY NOT APPLY TO THIS WEBSITE BUT REMAIN THERE TO PROVIDE A CLEAR AND CONCICE OVERVIEW OF OUR WEBMASTERS BEST PRACTICES. NB. Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process the following categories of personal data about you:
Communication Data includes any communication that you send to us whether that be through any contact forms on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuit or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
Personal Contact Data includes data such as your name, title, address, email address, phone number and contact details. We process this data to communicate with you, for record keeping and for the establishment, pursuit or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records, to grow our business and remain in contact with you and to establish, pursue or defend legal claims.
Matter Data includes any data which you may provide to us in order to enquire whether we are in a position to act for you in relation to a matter of business, and, in the event that we are and are willing to do so, in order to act for you in relation to that matter. It also includes communication and other data generated in the course of the matter. We process this data to supply our services and to act for you in relation to our business dealings. Our lawful grounds for processing this data are (a) the performance of a contract to which you are party.
We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may use Communication Data, Personal Contact Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
HOW WE COLLECT YOUR PERSONAL DATA
We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails and correspondence by post or by speaking with us on the telephone and in meetings). We may collect data from third parties who you authorise us to obtain the data from on your behalf (for example a government agency, financial institution or another professional or adviser).We may automatically collect certain data from you as you use our website by using cookies and similar technologies. We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.We may also receive data from publicly availably sources such as the Companies Registration Office, the Property Registration Authority and others.
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).Under the Privacy and Electronic Communications Regulations, we may send you electronic marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since.We will not share your personal data with any third party for their own marketing purposes without your express consent. You can request us to stop sending you electronic marketing messages at any time by following the opt-out links on any marketing message sent to you. You can request us to stop sending you marketing message by post at any time by emailing the above.If you opt out of receiving marketing communications this opt-out does not apply to personal data provided in connection with a matter on which we are acting or have acted on your behalf and are obliged to obtain a record of for the purposes of complying with our legal obligations.
DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
Service providers who provide IT and system administration services including cloud based services.
Service providers who provide business administration services, including third party dictation typing and transcription services and external file storage and archiving services.
Professional advisers including lawyers, accountants, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
Risk management auditors and quality control companies.
The Revenue Commissioners, the Incorporated Law Society of Ireland, the Data Protection Commission, the Central Statistics Office, and other regulators and authorities based in Ireland and other relevant jurisdictions who require reporting of processing activities in certain circumstances.
Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
Many of our third parties service providers are based 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 do our best to ensure a similar degree of security of data 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; or
Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
Where we use providers based in the United States, we may transfer data to them if they are part of the EU-US Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
Please email OUR WEBMASTER at firstname.lastname@example.org if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider 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 we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep data for six years after the conclusion of any matter in order to comply our regulatory and tax obligations. In addition in order to be in a position to establish, exercise and defend legal claims or prospective legal claims and obtain legal advice in relation thereto we have to keep data for seven and a half years after the conclusion of any matter.
Where you have requested information from us in relation to our services or where we have acted for you as your solicitors we will retain your Personal Contact Data for these minimum periods and for as long as you wish us to remain in contact with you thereafter.
In some circumstances you can ask us to delete your data: see below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for legal know-how, research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:
Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to processing of your personal data.
Request restriction of processing your personal data.
Request transfer of your personal data.
Right to withdraw consent.
You can see more about these rights at:
If you wish to exercise any of the rights set out above, please email us
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Data Protection Commission (DPC), the Irish supervisory authority for data protection issues (www.dataprotection.ie). Please contact us first if you do have a complaint so that we can try to resolve it for you.