Website Terms and Conditions

This website is provided by Portunus Associates Limited (Portunus)

Please read these terms of use carefully before you start to use the Portunus website (Website). By using this Website you consent to the terms and conditions below.

You may also want to read our Privacy Policy which explains how we collect and use your data.

Information about us

This website is owned and controlled by Portunus Associates Ltd. We are a limited company registered in England and Wales under company number 12866604. 

Our registered address is 128 City Road, London, EC1V 2NX and our main trading address is 47 Southgate Street, Winchester SO23 9EH.

We are registered for VAT purposes with VAT registration number GBR 380 5909 77.

We are regulated by the Royal Institution of Chartered Surveyors (RICS).

Website Usage

Disclaimer

Portunus provides this Website on an “as is” and an “as available” basis. 

We do not guarantee that this Website will always be available or that access to it will be uninterrupted.

Whilst we make reasonable efforts to ensure that the content of this Website is correct and timely, we make no warranties, representations or guarantees express or implied) in respect to this Website or its content. 

Content on this Website should be treated as opinion rather than fact and for your general information purposes only. It should not be considered, or treated, as a substitute for professional advice.  Through the Website, we are not providing any advisory, consulting or other professional services. 

We reserve the right to change the information on this Website (including these terms and conditions) at any time without notice. 

We do not guarantee that this Website is free from viruses and malware. You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks. 

You acknowledge that you are solely responsible for the use to which you put this Website and the content that you obtain from it. To the fullest extent permitted by law, we and all contributors to this Website disclaim all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use this Website. 

Any rights not expressly granted in these terms and conditions are reserved.

Intellectual Property Rights

All content included on this Website is protected by copyright, trade marks, database rights and other intellectual property rights and belongs to or has been licensed by us, unless otherwise stated. All rights are reserved.

Permission is given to electronically copy, and print in hard copy, portions of this website solely for your personal use. You must not otherwise copy, transmit, modify, republish, frame or pass-off any content on or downloaded from this Website without our prior written consent. 

Links to this Website

You may provide a hyperlink to the homepage of this Website provided that you must remove any such link upon our request in writing.

Framing of this Website or any of its content is prohibited.

Links to other Websites

We may include on this Website links to other websites over which we have no control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or necessarily have any association with the website owner. We have no responsibility for the content of these linked website(s). 

Acceptable Usage of this Website

You must not use this Website in any way, or for any purpose, that is unlawful or fraudulent. 

You must not misuse our system or this Website. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Website, or attempt to carry out any of the foregoing.

Unauthorised or unlawful use of this Website may give rise to a claim for damages and/ or be a criminal offence.

How we use your Personal Information

By using our Website you agree that we may collect, store, and use information about you in the manner set out in our Privacy Policy

Important information relating to Property Particulars displayed on this Website

Sales particulars are set out as a general outline of the property (and the business, if any included, in the sale) for the guidance of the prospective purchaser or lessee (“The Purchaser”). They are intended for business people familiar with commercial transactions. 

Our sales particulars are not an offer or contract, nor part of one. 

You should not rely on statements by us in the sales particulars or by word of mouth or in writing as being factually accurate about the property., its condition or its value. Neither Portunus nor anyone in its employment or acting on its behalf has authority to make any representations or warranties in relation to the property, and accordingly any information given is entirely without responsibility on the part of the agents, seller(s) or lessor(s). 

We have not carried out a detailed survey, nor tested the services, appliances or fittings at the property. Dimensions, areas, measurements and distances given are approximate only. Any reference to alterations or use does not mean that any necessary planning permission, building regulation or other consent has been obtained. Any photographs of the property show only certain parts of the property as they appeared at the time they were taken. Computer Generated Images are provided for illustrative purposes only.

The VAT status of the property may change without notice.

Any prospective Purchaser must make and rely on their own inspections, enquiries and searches to satisfy themselves that all relevant matters have been properly dealt with and that all information is correct. Prospective Purchasers are recommended to seek quality independent advice prior to committing to a purchase. 

Information regarding a property on our website may be changed at any time.

Access to this Website

We reserve the right at our sole discretion to deny users access to this website, or part of this website, without notice and to refuse to provide the service to any user that is in breach of these terms and conditions.

Changes to these terms and conditions

We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. 

Invalidity

If any part of our terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.

Applicable Law and Jurisdiction

These terms and conditions and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law. Any disputes arising from or in connection with these terms and conditions and your use of this website shall be subject to the exclusive jurisdiction of the courts of England and Wales.

How to Contact Us

If you would like to contact us with any queries or comments please send an e-mail to info@portunusassociates.co.uk or phone us on 01962 589348.

Privacy Policy

Portunus Associates Ltd (“Portunus”/ “We”/ “Us”) is committed to protecting and respecting your privacy. This Privacy Policy sets out how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights and choices when it comes to your personal data.

Personal data is any information relating to an identified or identifiable natural person (Data Subject). Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

Please read this Privacy Policy carefully to understand how we treat your personal data.

Portunus Associates Ltd (Portunus) is a bespoke healthcare real estate agency specialising in care homes and housing with care across the UK. We are regulated by the Royal Institution of Chartered Surveyors (RICS).

For the purpose of the UK General Data Protection Regulations (“UK GDPR”), the Data Controller is Portunus Associates Ltd of 47 Southgate Street, Winchester, SO23 9EH. 

You can contact the Data Protection Officer (DPO) about issues relating to your personal data, including the contents of this policy, at info@portunusassociates.co.uk.

This Policy sets out the information we collect about:

  • People who use or enquire about using our services
  • Visitors to our website
  • Complainants
  • People whose services we use
  • Third parties whose personal data we are required to process in the course of providing our services (for example, Counter Parties in property transactions)

Job applicants, potential job applicants and employees are covered separately and privacy details will be provided to them as part of HR processes.

We may collect the following personal data:

  • Name and contact details, such as first and last name, job title, email address, company name and address, phone number and other similar contact data;
  • Information relevant to your enquiries into or your instructions for our services, for example your property search requirements or financial details; 
  • Information to enable us to meet our regulatory obligations. For example, to check and verify your identity we may ask for your passport details and your date of birth;
  • Information about our dealings with you; such as what information and emails we have sent you, what meetings, events and calls you have participated in. 
  • Information about the device you are using to access our websites; such as the type of device, its operating system, browser, its IP address, and what cookies are on it.
  • Information about your use of our websites, such as what pages you have visited and what content you have downloaded.
  • Special Categories of Personal Data. We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data, criminal convictions and offences) unless required by law to do so, for example to meet Anti-Money Laundering Regulations

We collect this personal data about you from your interactions with us and from certain third parties and other sources (such as from publicly available sources where permissible):

Where we may collect data

Examples

Directly from you

Subscribe to our mailing list or complete a form (Contact Us form, property enquiry form) on our website

Request access to any of our datarooms

Enquire about our services either verbally (phone or meeting) or in writing (electronic or post)

Publicly available sources

Companies House, Charity Commission, Care Quality Commission, HM Land Registry & other government registers

Directly from a third party (consent will be sought where required)

Client due diligence providers 

Credit reference agencies

Sanctions screening providers

Your professional advisors e.g. solicitor, accountant

Our client where your data is relevant to the matter on which they have instructed us on

Via our information technology systems, provided by third parties

Automated monitoring of our websites and other technical systems, such as computer networks and email system.

Some of this personal data is collected by using cookies, server logs and similar technologies. See our Cookie Policy. 

Via social media platforms

Depending on your privacy settings for social media services, we may access information from those accounts or services

When you interact with us on Twitter or LinkedIn

This section explains the purposes for which we use your personal data. 

Marketing communications: we may use your personal data to send you marketing communications through various channels (e.g. email, phone or post) to inform you about our latest deals, our current property/ business instructions offered to the market, our other services and updates about developments in our sector that might be of interest to you. If you are our client and you have not “opted out” from receiving such marketing communications, we have a legitimate interest in processing your personal data for marketing purposes. Where you are not our client and we are required to get your consent to receive marketing communications under PECR (Privacy and Electronic Communications Regulations), we will ask for this consent separately and clearly. 

You have the right to opt out of receiving marketing communications at any time by clicking on the “unsubscribe” link located on the bottom of our marketing emails, or by contacting us using the details in the Who We Are section above.

We will never sell or share your personal data with other organisations for marketing purposes, except where we have obtained your consent in advance.  

Anti-Money Laundering Regulations (Regulations): To comply with the requirements of these Regulations, we are required to carry out Customer Due Diligence (CDD) checks on our Clients and the Counter Party to a property transaction, including sight of identification documents. Some of the personal data collected for CDD purposes may be special category data, as defined in the UK GDPR. We will only collect and use this information if UK GDPR allows us to do so and will take extra care with this data. 

We reserve the right to employ third party electronic verification services, such as Smart Search for the purpose of verifying identity and other CDD checks. These searches will not affect your credit rating. Smart Search acts as Data Controller in respect of its services – find out more on its website

The information will only be used by us in relation to complying with the Regulations and will not be shared with any other party unless we are required to do so by law. 

Provision of services, including administration and management of our records

We use personal data for relationship management purposes, both to build an ongoing relationship with you and to deliver our services to you. For example: dealing with your enquiries, carrying out your instructions in respect of the sale and/ or acquisition of properties (and where applicable the business) and other services we may provide to you. We may contact you using transactional emails, phone calls and meetings. We keep records of our contact with you on our CRM system. We may use this data for audit purposes and to enable us to respond to your data requests. 

Monitoring and improving our website

We compile general statistics (without personal identification) about our website’s usage patterns (how long visitors spend on particular pages; how they navigate around the website) to help improve the user experience of our website; and to measure and understand the effectiveness of our advertising activities. 

To protect our rights

We may use your personal data in order to protect, enforce, or defend our legal rights, safety, or property; to protect against and prevent fraud and other unlawful activity; to comply with and enforce applicable laws and regulations; or to respond to requests from a judicial process or public agencies, to the extent permitted by applicable law.

We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with the original purpose(s) and we need to use your personal data for that purpose. 

Under UK GDPR, we must have a legal basis for using your personal data. 

We may rely on legitimate interests as our legal basis. A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. 

The purposes of our legitimate interests will usually fall into the following:

Interest

Purpose

Marketing

We have an interest in promoting our company and our services to our clients and potential clients. Where the PECR do not require consent, then we use legitimate interest. 

Running a business

We have an interest in running and developing our business: enforcing our terms & conditions; protecting against fraud; responding to your enquiries; ensuring the efficient administration and continued function of our website, dataroom and other online services by users; monitoring and improving our delivery of website and other services to you; keeping records in the event of any dispute between us; complying with our internal procedures and following good business practices; protecting our intellectual property and other commercially valuable information

We use other grounds to process your personal data in certain circumstances, as set out below:

Grounds

Examples

Consent

Generally, we do not rely on consent as a legal basis for processing your personal data except as set out in Marketing Communications section. You have the right to contact us to withdraw consent to marketing at any time.

Necessary in order to comply with a legal obligation

Regulators, government bodies and courts have powers to order us to provide your personal data to them. See Anti-Money Laundering Regulations section.

Necessary for performance of a contract 

Where we use your details in the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract. This includes contracts to supply services to us.

We will not retain your personal data for longer than is necessary for the purposes you provide it to us. Generally, we will retain your personal data for a minimum of seven years after our last contact or dealing with you, at the end of which period, it will be deleted from our systems, except as may be required for any legal or regulatory compliance purpose, or if we face legal proceedings.

We do not sell or share your personal data for marketing purposes. 

We may share your personal data with other parties in the following circumstances:

Who we may share your personal data with

Where reasonably necessary

Professional advisors engaged in a transaction by you or the Counter Party e.g. solicitors, accountants, tax advisors, financial advisors

To provide our services to you. They are bound by confidentiality obligations. 

Insurers and brokers 

To obtain and maintain insurance cover and manage risks and claims

Third party service providers working on our behalf e.g. accountants, IT support

To improve business efficiency and the delivery of our services

Third party service provider contracted to carry out customer due diligence (CDD)

To enable them to carry out customer due diligence

Third party hosted data centres and cloud-based services e.g. Salesforce CRM, MailerLite

To provide data management services to support our business operations

Law enforcement agencies and regulatory bodies e.g. RICS, HM Revenue & Customs, Companies House, National Crime Agency

To comply with our legal and regulatory obligations 

Third party websites linked to our website and third party suppliers whose features can be accessed through our website e.g. social networking, geo-location tools 

This privacy policy only applies to our own website. You should read their privacy policy if visiting their websites or accessing their features.

Any successor in title to our business or part of it

The new owner may continue to use your personal data in accordance with this Privacy Notice.

Where we share your personal data with any third party, we will take steps to ensure that your personal data is protected by appropriate safeguards, including confidentiality obligations and only permitting the provider to process any personal data as instructed by us and in accordance with UK GDPR. Safeguards when personal data is transferred outside the UK are set out in the next section. 

We have appropriate security measures to prevent personal data from being accidentally lost or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. 

We have procedures for dealing with data breaches including notifying you and/or the Information Commissioner’s Office where we are legally required to do so.

We may store or transfer some or all of your personal data outside of the UK, for example where our cloud-based data services are located in another country. If the country is outside the European Economic Area (EEA), then it may not have similar data protection laws to the UK. To ensure that your privacy rights continue to be protected as outlined in this Notice, we will ensure that either:

  • There is a s17A Data Protection Act 2018 “adequacy decision” with respect to the data protection laws of the country to which it is transferred (visit European Commission website); or
  • Where we transfer your data to a third party based in the US, we ensure that they are part of the EU-US Privacy Shield, which requires them to provide data protection standards similar to those in the EU/ UK (visit the European Commission website); or
  • We have entered into a suitable data processing agreement with the third party situated in that country to ensure the adequate protection of your data (visit the European Commission website).

Under data protection legislation, you have several rights regarding the use of your personal data, as follows: 

The right to be informed (knowing how we will use your data)

You have the right to be told how we will use your personal data (which is set out in this Policy) and whether your personal data is transferred to a third country or to an international organisation. Where this is the case, you also have the right to be informed of the appropriate safeguards relating to the transfer.

The right of access (being provided with copies of your data)

You have the right to ask us to provide you with a copy of your personal data. We will not charge you for the first copy but may charge a reasonable fee for additional copies. 

The right to rectification (changing incorrect information we hold)

If you believe our records are inaccurate or incomplete you have the right to ask for those records concerning you to be updated. 

The right to be forgotten (erasure) (requesting deletion of your personal data)

In certain circumstances, you have the right to have your personal data deleted from our database. There are certain exclusions where processing is necessary e.g. to comply with a legal or regulatory obligation. 

The right to restrict processing (limiting how we use your data)

In certain situations you have the right to ask for processing of your personal data to be restricted because there is some disagreement about its accuracy or legitimate usage.

The right to data portability (moving your data in a useable format)

You have the right to request the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations

The right to object (when we must stop processing your data)

You have the right to object to us processing data purely for our legitimate interests. If you make such a request, we must stop processing your personal data unless: we can demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms; or the processing is in relation to a legal claim.

Right not to be subject to automated decision-making including profiling (making a decision solely by automated means without any human involvement)

We do not undertake automated decision making or profiling.

Right to withdraw consent

If we obtain your consent to process your personal data for any purpose, you have the right to withdraw your consent at any time.

For further information on each of these rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the UK GDPR.

You may exercise any of your rights in relation to your personal data by contacting us as set out in the section Who We Are above.

If you wish to raise a complaint about how we have handled your personal data, you can contact us and we will investigate the matter for you. 

If you are not satisfied with our response, you have the right to lodge a complaint at any time to the ICO, the UK regulator for data protection issues (www.ico.org.uk)

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:

Email address: info@portunusassociates.co.uk

Telephone number: 01962 589348

Postal Address: Data Protection Officer, Portunus Associates Ltd, 47 Southgate Street, Winchester SO23 9EH.

This Privacy Policy was last updated on 30 December 2021.

We may change this Privacy Policy from time to time to reflect changes in the law or our privacy practices. 

We encourage you to periodically review this Policy to keep informed of how we are processing your information

Cookie Policy

Anti-Money Laundering Requirements

As a commercial real estate agency, Portunus is registered with HM Revenue and Customs (HMRC) for anti-money laundering supervision and must comply with requirements of the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 (as amended). Our anti-money laundering responsibilities are part of our corporate responsibilities as a RICS regulated firm. 

Money laundering is the process of changing illegally acquired money and assets into clean money or assets that appear to be from a legitimate source. Property is widely recognised as an attractive target for those wanting to hide the proceeds of crime.

We are required to understand and verify who our Customers are and evidence that we have completed our Know Your Customer (KYC) checks. 

When conducting our due diligence on corporate bodies, we will request the necessary documents and information to demonstrate the ownership and control structure of the entity; and identify the beneficial owners and/ or those who may have ultimate executive control. 

We need to identify and verify the individuals, who ultimately own or exercise executive control over a corporate body or ultimately benefit from the transaction. We will let you know based on your particular legal structure, which individuals we need to check.

We use the SmartSearch service (www.smartsearch.com) to run electronic KYC checks and verify the information that we have received from you. Their data partners are Dow Jones, Experian, Equifax and Companies House.

A number of professionals involved in the property transactions will need to carry out Know Your Customer (KYC) checks, including solicitors, accountants and financial services firms. 

We carry out our own checks as we are ultimately responsible in law for ensuring that our KYC checks have been undertaken properly and comprehensively. However, we may be able to ask your other advisers for confirmation of some information. 

Where you are selling a property, we need proof of ownership of the property. We complete Land Registry checks but in the case of an unregistered interest e.g. an Option agreement, then we will need to verify it. 

The level of checks we need to carry out (for example on the source of funds) will depend on the perceived money laundering risks associated with a given structure or transaction.

For the purposes of the anti-money laundering regulations, our Customers are defined as not only our Client who instructed us to buy or sell a property but also the Counter Party in the transaction. We must conduct the same due diligence on all Customers.

In order to act on your behalf and provide our services, we must complete our KYC checks to meet our regulatory obligations. 

The Estate Agency Business Guidance for Money Laundering Supervision, issued by HMRC sets out the obligations of Customers in Clauses 4.112 – 4.115 to provide information, including on those people with significant control, and to notify us of any changes to the information supplied.

Your information is collected for the sole purpose of completing our KYC checks in order to meet our legal obligations and will be held confidentially and securely and will not be shared with any third parties outside of Portunus unless we are required to in order to comply with a regulator or law enforcement authorities. 

The grounds for the processing of personal data in line with the anti-money laundering regulations is lawful and necessary for the prevention of money laundering and terrorist financing and is for the performance of a task carried out in the public interest. 

Complaints Handling Procedure

As a RICS (Royal Institution of Chartered Surveyors) regulated firm, we have in place a formal Complaints Handling Procedure. 

A person has been appointed in the firm to deal with complaints, and you can contact them as detailed below:

Bernard Wynne MRICS

Director

Portunus Associates Ltd

47 Southgate Street

Winchester, SO23 9EH

Tel: 01962 589348

Email: bernard.wynne@portunusassociates.co.uk

We will try to resolve your complaint to your satisfaction as quickly as possible. 

Where you have spoken to us about your complaint, we would be grateful if you could summarise your complaint in writing to help us to gain a full understanding of the nature and reasons for your complaint. 

If you are dissatisfied with our handling of your complaint, you may have your complaint reviewed and considered by an independent redress provider, approved by RICS.

Stage One

  1. Summarise your complaint in writing 
  2. We will acknowledge receipt of your written complaint within 7 days
  3. We will investigate your complaint and provide a response within 28 days

Our response will set out our understanding of the issue and detail any actions we have taken or intend to take

If we are unable to provide a full response due to ongoing investigations, within 28 days we will keep you updated on progress. 

Stage Two

If you are dissatisfied with our handling of your complaint, then we will:

    1. attempt to resolve the complaint through further negotiation, and 
    2. otherwise agree to enter into mediation with you in accordance with the Centre for Dispute Resolution (CEDR) or the mediation process operated by RICS Dispute Resolution Service.

Centre for Effective Dispute Resolution (CEDR)

100 St. Paul’s Churchyard

London EC4M 8BU

+44 (0) 20 7536 6000

info@cedr.com

Image Attribution

We would like to thank the following companies for kindly giving permission for us to use their images, CGI generated images and architect drawings on this website.

RDT Architects are an award winning innovative practice with experienced and dedicated planning and construction teams.  They work closely with developers, end users and key stakeholders to deliver architectural solutions from concept through to completion.  RDT utilise their team’s extensive design knowledge within all sectors with a focus on healthcare and residential developments.

Charterpoint Senior Living  has years of specialist experience in designing and delivering first-class care homes, extra care and retirement communities. Working collaboratively with not for profit providers and leading private sector operators, they create developments that are flexible, cost-effective, sustainable and of exceptional quality.