Privacy & Usage Policy.
Terminology
The following terminology used in this policy will carry the following meanings:
‘Application’ – the online application software programme known as The Depositary
‘Provider’ – The Depositary Ltd. Private Limited Company registration number 10245439 with registered offices located at 61 Rivington Street, London, England, EC2A 3QQ.
‘Terms’ – The various terms & conditions set out within this Privacy & Usage Policy
‘User’ – A tenant or landlord of a tenancy being processed by The Depositary.
‘Agent’ – the letting and/or managing agent that has an account with The Depositary and is responsible for the conclusion of the applicable tenancy.
‘Landlord’ – the person(s) or company that owns the property that was let in the instance of the tenancy being processed through the Application.
‘Tenant’ –the person(s) or company that took up a tenancy at the property for which the process is registered for on the Application.
‘AST’ or ‘Tenancy’ - The Assured Shorthold Tenancy is the default legal category of residential tenancy in England and Wales.
Terms of Use
Accessing The Depositary Application is confirmation that you have accepted all of the following terms in their entirety from the Provider. These Terms may be modified or altered and any such changes are deemed to be effective immediately as such any and all Users must regularly review these Terms to be aware on any such changes.
The Depositary is a platform that facilitates the arrangements and negotiations involved with the typical conclusion of an AST (Assured Shorthold Tenancy) between the Agent (who is the Client of The Depositary) the Landlord (if applicable) and the Tenant(s).
The Application is only available to Users pertaining to an Agent who has subscribed to the Application. Users are invited by the Agent entirely at their discretion and the Provider has no control over this nor does it accept any liability.
Registration
Any log in details that are created, or tokenised links (secure links granting access to the Application) that are supplied to the User must be treated as confidential. These must not be disclosed or passed on to a third party for any reason.
If the Provider discovers you have failed to comply with any of the provisions of these Terms they reserve the right to immediately and indefinitely revoke or disable access to the Application.
If you suspect that any third party has knowledge of your password or access to your Application you must immediately notify the Provider at office@thedepositary.com and also change your password.
Privacy Policy
For the purpose of data protection laws the Provider is a ‘processor’ of any personal data hosted on the Application and the Agent is the ‘controller’. The Provider will only process personal data hosted on the Application for the purpose of delivering its intended service and assessing its effectiveness.
The Provider’s privacy pledges:
The Provider will make every reasonable and commercially viable effort to keep your personal data safe at all times
The Provider pledges never to sell your personal data
The Provider pledges to remove, delete, anonymise or pseudonymise your personal data as soon as deemed commercially viable and taking in to consideration all relevant laws pertaining to record-keeping and due diligence
The Provider pledges that all its staff, and affiliated 3rd party providers, involved in processing the Client Data are under appropriate contractual or statutory duties of confidentiality.
Any information, data, attachments or files that are submitted by the User to the Application can and may be accessible/visible to some/all of the following parties:
The Letting Agent and/or Lettings Management company overseeing the User’s tenancy
The User’s Landlords
The User’s Joint Tenants
The Dispute Service Ltd (TDS)
Employees of The Depositary and its affiliated 3rd party service providers
We may also share personal information with the following organisations if required by law:
HMRC
Regulators and other authorities
Fraud prevention agencies
Prohibited Uses
You may use our Application only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards which are set out below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our Application in contravention of the provisions of our Terms.
Not to access without authority, interfere with, damage or disrupt:
any part of our Application
any equipment or network on which the Application is stored;
any software used in the provision of our Application; or
any equipment or network or software owned or used by any third party.
Content & Liability
The Provider has made reasonable efforts to ensure that all information provided through the Application is accurate however cannot be responsible for data supplied over which it has no control and is not responsible for such as submissions made by an Agent, Landlord or Tenant.
Any and all decisions reached by the User during their use of the Application are entirely the responsibility of the User. The Provider does not endorse or oppose any proposals submitted by a Landlord, Agent or third party using the Application.
The Provider shall not be liable in contract, tort (including negligence) statutory duty or otherwise to any person for any loss or damage which may be suffered by any person in accessing, downloading, using or relying on any information or other materials contained in this Application. If you are a business user, the Provider will not be liable for any loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.
Nothing in these Terms shall restrict or exclude the Provider’s liability for death or personal injury resulting from its negligence or its liability for fraudulent misrepresentation or liability which it is otherwise not permitted by law to exclude or restrict.
Content Standards
These content standards apply to any and all material which you submit to the Application and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
Be accurate (where they state facts)
Be genuinely held (where they state opinions)
Comply with applicable law in the UK and in any country from which they are posted
Contributions must not:
Contain any material which is obscene, offensive, hateful or inflammatory
Promote sexually explicit material
Promote violence
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
Infringe any copyright, database right or trade mark of any other person or company
Be likely to deceive any person
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
Promote any illegal activity
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
Be likely to harass, upset or embarrass any other person
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
Email Communication
The User consents to all communications being sent to you electronically via the email address that you submit and/or confirm with the Provider. You agree that any such communications will satisfy any legal requirement for the communication to be provided ‘in writing’.
Submitted/Uploaded Evidence
All Users must be aware that any Evidence submitted to the Platform during an Application will be available to all parties pertaining to that Tenancy/Application and will be able to view that file in detail. As such, it is the responsibility of the User uploading Evidence to ensure that they are not providing information that they do not want any 3rd Parties to witness.
Copyright
The copyright and all other intellectual property rights on this application (including all text, graphics, code, files, database rights and links) belong to the Provider.
You must not print out, save, download, copy, reproduce, republish, transmit, broadcast, display, modify or re-use any part or content of this website for any other purpose, including in particular any purpose which re-sells or re-uses the content in any way, without the Provider’s prior written consent.
You may print out, save or download individual selections only for your own personal, private and non-commercial use.
Application access
The Provider endeavours to ensure that the Application is available to the User at all times and to make every commercially viable effort to restore access as soon as they become aware that access has been lost. Access may also be lost temporarily due to some of the following reasons:
planned maintenance; or
unscheduled maintenance; or
circumstances outside of the Provider’s reasonable control
Cookie Policy
What are cookies?
A cookie is a small file which asks permission to be placed on the User’s computer or device hard drive. Once the User agrees, the file is added and the cookie helps analyse web traffic. Cookies allow web applications to respond to the User as an individual. The web application can tailor its operations to the User’s needs, likes and dislikes by gathering and remembering information about their preferences.
A cookie will typically contain the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e. when it expires) and a value (usually a randomly generated unique number).
Our cookie policy & usage
The Provider has carefully chosen these cookies and have taken steps to ensure that the User’s privacy and personal data is protected and always respected. As with most websites, the Provider uses cookies to make using our Application as simple and convenient as possible for our Users. Please read this cookie policy carefully and ensure you understand it. If you do not agree to our cookie policy, please stop using our Application immediately.
Types of cookies used in our Application
First Party Cookies
The following first party cookies may be placed on your computer or device by our site:
The Depositary Cookies
Cookie Names
Description
Duration
JSESSIONID
Java cookie. Maintains your authentication session so that you can stay logged in
Session Only
_ga
Google Analytics cookie. Used to distinguish users for usage analytics.
2 years
_gid
Google Analytics cookie. Used to distinguish usage analytics.
24 hours
_gat
Google Analytics cookie. Used to throttle request for usage analytics
1 minute
_hjClosedSurveyInvites
Hotjar cookie. This cookie is set once a visitor interacts with a Survey invitation modal popup. It is used to ensure that the same invite does not re-appear if it has already been shown.
365 days
_hjDonePolls
Hotjar cookie. This cookie is set once a visitor completes a poll using the Feedback Poll widget. It is used to ensure that the same poll does not re-appear if it has already been filled in.
365 days
_hjMinimizedPolls
Hotjar cookie. This cookie is set once a visitor minimizes a Feedback Poll widget. It is used to ensure that the widget stays minimizes when the visitor navigates through your site.
365 days
_hjDoneTestersWidgets
Hotjar cookie. This cookie is set once a visitor submits their information in the Recruit User Testers widget. It is used to ensure that the same form does not re-appear if it has already been filled in.
365 days
_hjMinimizedTestersWidgets
Hotjar cookie. This cookie is set once a visitor minimizes a Recruit User Testers widget. It is used to ensure that the widget stays minimizes when the visitor navigates through your site.
365 days
_hjIncludedInSample
Hotjar cookie. This session cookie is set to let Hotjar know whether that visitor is included in the sample which is used to generate funnels.
365 days
_hjShownFeedbackMessage
This cookie is set when a visitor minimizes or completes Incoming Feedback. This is done so that the Incoming Feedback will load as minimized immediately if they navigate to another page where it is set to show.
365 days
Third party, analytical & targeting cookies
We may use Google's analytical services provided by Google. This sets a cookie in order to best understand your use of our website and produce reports for us on the activity of our website. This, in turn, enables us to improve our website and the services offered through it. Our use of them does not pose any risk to your privacy or your safe use of our website, it just enables us to continually improve our website, making it a better and more useful experience for you. We do not control the dissemination of these cookies. You should check the relevant third party website for more information about these cookies.
How to reject or delete this cookie - https://policies.google.com/privacy?hl=en
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
Hotjar
We use Hotjar in order to better understand our Users’ needs and to optimise this service and experience. Hotjar is a technology service that helps us better understand our Users experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with User feedback to deliver the best possible User experience when using our Application. Hotjar uses cookies and other technologies to collect data on our Users’ behaviour and their devices (in particular device's IP address (captured and stored only in anonymised form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website). Hotjar stores this information in a pseudonymised User profile. Neither Hotjar nor the Application will ever use this information to identify individual Users or to match it with further data on an individual User. For further details, please see Hotjar’s privacy policy by visiting: www.hotjar.com/legal/policies/privacy
Users can opt-out to the creation of a User profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by visiting www.hotjar.com/legal/compliance/opt-out
How to control the use of cookies
The User is not obliged to accept cookies and may modify their browser so that it will not accept cookies or delete cookies set by this Application. The User’s browser accessed to surf the web not only allows Users to see the cookies that they have got but also allows the control of their use.
The User can control them by allowing them, deleting them individually or deleting all of them. The browser can be configured by the User to not accept cookies altogether. If this option is selected, Users should be aware that many websites will not function properly or at all. It may be possible to set the browser to not accept cookies and ask for consent before each cookie is set on the applicable device. This gives the User control over what is set on that device, however has the drawback of slowing down the browsing and Application experience.
In order to manage cookies follow the steps provided by the browser being used e.g. Google Chrome, Internet Explorer, Safari, Firefox etc.. The User may delete and block all cookies from this Application, but please be aware that restricting or deleting cookies may impact on the functionality of our Application and might, in fact, prevent it from functioning as intended all together.
Useful information about cookies
Further information about cookies can be found on the following websites:
All About Cookies: www.allaboutcookies.org
Information Commissioners Office: www.ico.org
Law and Jurisdiction
These Terms & Conditions and any matter relating to this Application shall be governed and construed in accordance with the laws of England and Wales. Any dispute relating to the use of this Application will be subject to the exclusive jurisdiction of the courts of England and Wales.
This Application is aimed at users in the United Kingdom. Users of this Application who access it from places outside the United Kingdom do so voluntarily and are responsible for complying with any local laws.