Welcome to PropertyHeads! This agreement (“Agreement”) describes your rights and responsibilities in your use of PropertyHeads’s website, mobile apps, and service, both as a visitor and as a registered PropertyHeads member, and what you can expect from us. By clicking “I accept” or by otherwise indicating that you agree, you are agreeing to these terms, so please take a moment to read this legally binding agreement.
PropertyHeads is the property social network; we hope that people everywhere will use the PropertyHeads platform to enhance the property related aspects of their lives. We use “PropertyHeads” here to refer to the PropertyHeads.com website and our iOS and Android apps (also referred to as our “Services”) that provide you with access to that platform. We also use “PropertyHeads” to refer to the companies operating our Services.
The Services are operated and provided to you by PropertyHeads Group Ltd, a UK limited company, with registered office at 22-24 Elm Road, Leigh-on-Sea, Essex SS9 1SN, England.
Eligibility. Each person can only have one personal account, and you may not share your account password with anyone else (even a family member sharing your home) or allow someone else to use your personal account. You must use your real name, not a pseudonym. If you are under 13 years old (or any older age of consent required to use social media services where you live), do not use our services or provide any data to us. Convicted sex offenders, including registered sex offenders, and their households are not eligible for PropertyHeads accounts; and we may also deny other account registrations we think could harm other PropertyHeads members.
Address Verification. It is not OK to submit inaccurate registration information, or to register if you know you don’t meet our eligibility requirements. Providing false registration information violates our norms and could constitute a crime. We make efforts to enforce our eligibility requirements, but please do not assume these processes are perfect.
Account Types. PropertyHeads offers personal accounts to individual residential members, and to business accounts to estate agents and property related businesses only.
Preferences. By default, we subscribe you to email messages based on your location, status and your property interests. You can change your preferences about receiving these messages from within your Profile Settings.
Be A Good Member. At PropertyHeads, we believe that good behaviour is the foundation of a mutually beneficial social network. Our Member Guidelines outline our expectations regarding appropriate use of PropertyHeads. Do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal or otherwise wrongful. We do not proactively screen or monitor Content posted by members; however, we can remove Content posted by you, suspend, delete or deactivate your account or other privileges, or otherwise refuse service to you, if you violate this agreement or our other policies, or infringe intellectual property, or otherwise engage in behaviour that we think harms PropertyHeads’ members.
Interacting with Other Members. Our Member Guidelines outline our expectations regarding appropriate use of PropertyHeads, including how members interact with each other. While we hope other members will be gracious, we don’t control and aren’t responsible for their actions; we encourage you to do your own research before deciding to do business with another member. In using PropertyHeads and its member-to-member transactional features, you, like every member, are acting on your own behalf and are responsible for your own decisions and actions, including posting Content and interactions with other members you meet through PropertyHeads. If you write a recommendation or other comment about another individual or a business (for example, a recommendation of a builder), be truthful, fair and gracious in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission.
PropertyHeads does not interview, run background checks on, monitor, supervise, or control PropertyHeads members, and your use of any PropertyHeads’ feature does not make us an employer, placement agency, representative, or agent of or for you or any other member or business. If you and another member decide to work together, the two of you, and not PropertyHeads, are responsible for complying with any laws that might apply, such as tax or employment laws. PropertyHeads is not a party to transactions or disputes between members.
Feedback. Please feel free to share any feedback, suggestions, or ideas you have about PropertyHeads with us, so long as you understand we may have already had the same idea, and you agree that we are free to use any feedback you voluntarily provide with no restriction or obligation (payment or otherwise) to you.
Text Messaging Alerts. If you use our text messaging service, note that text message alerts are not intended to replace any primary phone service. PropertyHeads does not charge for sending text messages, but your mobile provider may charge you. Alerts sent via SMS may not be delivered if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time; furthermore, within a coverage area, factors beyond the control of the user’s mobile provider may interfere with message delivery, including equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your mobile provider does not guarantee that alerts will be delivered.
Copyright. If you believe Content on PropertyHeads infringes your copyright, you should contact us.
Parental Controls. Parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to or inappropriate for minors. You can find more information about parental controls by reviewing the system preferences, settings, and help documentation for your computer or mobile device.
Restrictions from Our Licensors. Some of the information and services available through PropertyHeads are licensed from third parties and covered by third-party terms and disclosures. You may not directly or indirectly sell, distribute, reverse engineer, or sublicense any such information or service.
Using Our App. If you download and install the PropertyHeads app, we give you a limited non-transferable license to use it only to access and use PropertyHeads on your own behalf through your iOS or Android product; additional terms may apply from the site you download it from (Apple App Store or Google Play store) or the manufacturers of your device or software.
Liability Limits. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH PROPERTYHEADS, INCLUDING THE PROPERTYHEADS SERVICES, OUR SOFTWARE, YOUR USE OF PROPERTYHEADS OR ANY PROPERTYHEADS SERVICE, OR THIS AGREEMENT.
Governing Law. This agreement is governed by English law.
Venue and Jurisdiction. You and PropertyHeads both agree that, except as described in the next two paragraphs, (i) any claim or dispute regarding PropertyHeads will be resolved exclusively by the Courts of England and Wales, and (ii) we each agree and submit to the exclusive personal jurisdiction of those courts for litigating such claims or disputes.
Dispute Resolution. If you have a dispute with PropertyHeads, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.
No Warranty. PROPERTYHEADS AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. We may add, change, or discontinue product features; if you are dissatisfied, your only remedy is to stop using PropertyHeads or the affected feature.
Indemnity. If someone brings a claim against PropertyHeads (whether against the company or any of its employees, directors, or officers) based on a harm you caused, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable legal fees as well as damages.
Disputes Between Members: Waiver of Claims Against PropertyHeads. In the real world and online, parties sometimes disagree. If you have a dispute with another PropertyHeads member, we hope that you will be able to work it out amicably. However, if you cannot, please understand that PropertyHeads is not responsible for the actions of its members; each member is responsible for their own actions and behaviour, whether using PropertyHeads or chatting face to face. Accordingly, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
General. This agreement does not create any agency, partnership, joint venture, employment or franchise relationship. To the extent allowed by applicable law, the English version of this Agreement is binding and other translations are for convenience only. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant that you are not (i) located in a country that is subject to a U.S., U.K., or EU, Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S., U.K., or EU Government list of prohibited or restricted parties.
Last updated: 1 May 2018.
Our mission is to use the power of technology to help members enhance the property related aspects of their lives. We make business features, such as business profiles, available at our discretion for use in support of that mission, and we likewise reserve the right to refuse memberships at our discretion.
By creating a business account, you are agreeing to these Terms, so please take a moment to read this legally binding agreement. You represent and warrant that you are authorized by the business to agree to the Terms and to create its account or claim its page and you expressly agree to the Terms (both on your own behalf and on behalf of the business you are acting for). If any part of that statement is incorrect (for example, if you do not accept the Terms), then you are not allowed to claim the business or create a business account, and you must promptly deactivate any business account you created.
Business profiles on PropertyHeads are created with a basic set of details about the business, such as street address, business category, telephone number, and a location map. If members have recommended or commented about the business, the business profile may also show those recommendations or comments. Most business profiles on PropertyHeads are created by the business itself, however they can also be create by third-party sources, such as business listing services, and by PropertyHeads individual residential members if one does not already exist.
You can claim your business profile by creating a new business account using a corresponding business email address. You and your business are responsible for maintaining the security of your account, including protecting your password, and you are responsible for any use of your account by others.
Business profiles and accounts are available only to lawful businesses. Business accounts are different from personal residential accounts, but the same membership eligibility requirements apply to both. (Business account credentials may be shared with other authorized users).
You are responsible for your business; you must comply with our Member Guidelines and all applicable laws and industry standards, including by maintaining any necessary licenses and approvals and providing any required disclaimers, warnings, or notices. By claiming a page or creating an account for your business, you represent and warrant that the information you provided to PropertyHeads is accurate and truthful, that you and the business meet the eligibility requirements, and that your business complies with all applicable laws or other requirements. You promise to uphold that accuracy, eligibility, and legal compliance throughout your time on PropertyHeads, and to deactivate your page or account promptly if you cannot.
While PropertyHeads is not responsible for your business profile or your business, we reserve the right to verify or confirm the information that you submit to us when claiming a business profile or creating a business account. If we are unable to confirm information or learn that it is inaccurate, we may suspend or deactivate the account. You understand that PropertyHeads presumes that your actions and those of other members associated with your business are authorized and legitimate; PropertyHeads has no obligation (but reserves the right) to verify the scope of authority of you or any other members associated with your business.
Using Your Business Profile. Once you claim your business profile, you can edit it to correct errors or to add more Content, such as a logo and a description of your business.
Messages that you post as your business (where that feature is available), will be affiliated with and have the same visibility as your Business profile. However, replies to private messages are visible only to you and the member you replied to.
Interacting with Others On PropertyHeads. We believe that good behaviour is the foundation of any social network. You and your business are responsible for your acts as a business on PropertyHeads. Your interactions with PropertyHeads members will affect the reputation of your business, so please choose your words and actions accordingly. For example, how gracefully your business responds to a negative comment may affect members’ perception as much (or more) as the comment itself.
Member Privacy. We prize the privacy of our individual residential members. As part of allowing you and your business to use PropertyHeads, we require you to respect the privacy of our individual residential members. This means you cannot use PropertyHeads to collect personal or personally identifiable information about other PropertyHeads members without their permission.
Our system is designed to prevent business members from viewing, searching, or otherwise accessing conversations or direct-messages between individual residential members. If you have a personal account as well as a business account, please respect the difference between the two account types, and use each account type for its intended purpose only.
Content. Your business Content includes your replies and other communications with individual residential members, and the information your business shares on its profile. You and your business retain all ownership rights to the Content (as defined in the membership Agreement) that you share through PropertyHeads. You and your business allow us to make any Content on your business profile available for search engine optimization (SEO) purposes, and to use and publish your Content as otherwise described in the member agreement.
You and the business, and not PropertyHeads, are responsible for the Content you submit. We reserve the right to suspend or deactivate business accounts if we think the business Content or other account activity does not benefit PropertyHeads members relevant to the business. As stated in the Membership Agreement, you must not provide us with any Content that you don’t have the right to publish, that violates any code of conduct or ethics applicable to you, or that is defamatory, infringing, illegal or otherwise wrongful. Claims of copyright infringement should be addressed as directed in the Membership Agreement; PropertyHeads reserves the right to forward any other requests or claims based on your Content to your business for resolution.
You acknowledge that each PropertyHeads member (and not PropertyHeads) is responsible for the Content shared by that member. If you believe that a member’s Content, such as an unfavourable review of your business, violates our Member Guidelines, please contact us. We are not a party to transactions or disputes between members, including disputes over unfavourable reviews or other member Content.
Responsibility as a Business. We make PropertyHeads available to our members, including you and your business, to allow them to interact with each other. We do not take responsibility for those interactions. Consequently, you and your business agree to hold harmless and indemnify PropertyHeads, including its affiliates, officers, agents, and employees, from any claim, suit or action arising from or related to your use of PropertyHeads or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
You and your business acknowledge that PropertyHeads may provide you with certain information that is proprietary and confidential to PropertyHeads, such as aggregated statistics and limited membership information. You agree to keep this information confidential, not to disclose it to any third party, and to use it only as permitted by PropertyHeads for your internal business purposes. If you believe that you must disclose any of the information described in this paragraph for legal reasons, you will notify PropertyHeads in writing before doing so, and you agree to provide PropertyHeads with reasonable assistance if PropertyHeads seeks an order maintaining the confidentiality of the information.
You understand that, while we do our best to provide our services, we cannot promise that these services, including our website, applications, and software, will always function and function correctly. PropertyHeads is not designed or intended for high-risk applications or circumstances requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support, weapons systems or in any other device or system in which software or service function or malfunction could result in death, personal injury or physical or environmental damage.
Individual residential members have the ability to opt out of receiving messages from any member, including business members; some members communicating with or commenting about you or your business may choose to opt out of communications from you.
Last updated: 9 January 2018.
For residents of the EU, please note that this Policy has been updated in accordance with the requirements of EU General Data Protection Regulation (GDPR). For residents of the US, by visiting, joining, or using PropertyHeads, or otherwise indicating that you agree to this Policy, you consent to and authorise our using your personal information as described in this Policy.
When you use PropertyHeads there are also expectations for how you must respect and protect the privacy of other members. These are spelt out in our Membership Agreement. Please read it. Violating these rules or other aspects of the PropertyHeads Membership Agreement may lead to a loss of account privileges, potentially including a permanent ban from PropertyHeads.
PropertyHeads is the property social network; we hope that people everywhere will use the PropertyHeads platform to enhance the property related aspects of their lives.
We use “PropertyHeads” here to refer to the PropertyHeads websites and our iOS and Android apps (also referred to as our Services) that provide you with access to that platform. We also use “PropertyHeads”, “we”, “us” and “our” to refer to the companies operating our Services.
The Services are operated and provided to you by PropertyHeads Group Ltd, a UK limited company, with registered office at 22-24 Elm Road, Leigh-on-Sea, Essex SS9 1SN, England.
Our legal bases for collecting, using, sharing and otherwise processing your information
PropertyHeads relies on a number of legal bases to collect, use, share, and otherwise process the information we have about you for the purposes described in this Policy. These legal bases include:
We process your information in furtherance of the following legitimate interests:
When we provide the Services, we collect or receive information in several different ways. In many cases you choose what information to provide, although some information is required in order to use PropertyHeads and for us to provide the Services. We use this information for the purposes that are described further below.
Note that not all PropertyHeads account types and features are available in all locations, so some of the examples below may not apply where you live.
4.1 From you, or with your permission. We collect a variety of information from you when you provide it to us directly, when we request it from you, or when you give us permission to get it from a third party source. We provide some examples of these below:
4.2 From your browser and device. Like nearly every other online service, we automatically collect technical information created when you visit or use PropertyHeads or read a message from us. We collect information from your browser, computer, or mobile device, which provide us with technical information when you use PropertyHeads as a member, including:
4.3 From third parties and public sources. We engage third party service providers and partners to provide us with information, and we also use publicly-available sources, such as:
We use the information we have to help us provide, operate, improve, understand, customise, support, and market our Services.
5.1 Growing the PropertyHeads community. We use information to identify and invite potential new members. For example, we use the information we have to identify new members and, if you ask us to, send invitations and reminders on your behalf, send direct-mail invitations, invite your Facebook friends.
5.2 Setting you up on PropertyHeads. In order to enable us to operate and provide the Services, we use information to get you started on PropertyHeads.
5.3 Provide and improve the Services. We use information to operate PropertyHeads and to improve our products and features:
5.4 Advertising. We use information to provide and improve advertisements and other commercial offerings:
We may customise advertising offerings you see on PropertyHeads based on information from our advertisers or vendors, or on your actions on PropertyHeads. (For example, a home services company might prepare a de-identified scramble, or hash, of customer addresses, to allow us to match that with a similarly de-identified scramble (hash) of addresses of members on PropertyHeads, and use that to offer a special deal to those customers who are PropertyHeads members. Or, if you search on PropertyHeads for a particular product, we might show you advertisements for providers of that product or related or similar products.)
You have controls over what and how your information is shared and used.
Profile sharing and visibility. You have choices about sharing your profile information:
Content sharing and visibility. You have choices about whether, how, and with whom you share Content:
Location information. If you granted PropertyHeads access to geolocation information from your mobile device, you can turn off that access at any time by changing the settings on your mobile device. To request deletion of your geolocation information, contact us.
Member communications. You have choices about the emails and notifications we send you:
Non-member communications. You have choices about invitations and reminders:
Deactivation and Deletion. You may choose to deactivate or delete your account:
You benefit from a number of rights in relation to your information that we process. While some of these rights apply generally, certain rights apply only in certain limited cases. We describe these rights below.
In certain cases, such as for access to, rectification or deletion of your information, please be sure to read the options you have in the ‘Your Choices’ section above.
7.1 Access and Porting. You can access much of your PropertyHeads information by logging into your PropertyHeads account. For EU member accounts, if you require additional access or if you are not currently a PropertyHeads member, email us at email@example.com to request a copy of your PropertyHeads information. Where legally required, we will provide your information in an easily accessible format and assist in transferring some of this information to third parties.
7.2 Rectify, Restrict, Limit, Delete. You can also rectify, restrict, limit or delete much of your PropertyHeads information by logging into your PropertyHeads account. If you cannot do this, or you do not have a PropertyHeads account, please email us at firstname.lastname@example.org. As described above in ‘Your Choices’, you have a number of options to rectify, restrict, limit or delete your information, including your PropertyHeads account.
7.3 Object. If we process your information based on our legitimate interests explained above, or in the public interest and you have an EU member account, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing, you can always object using the unsubscribe link in such communications, use Edit Profile or, if you do not have an account, by email at email@example.com.
7.5 Complain. If you have an EU member account and wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.
We share information with service providers, affiliates, partners, and other third parties where it is necessary to perform the Membership Agreement, to provide the Services, or for any other purposes described in the Policy.
8.1 Sharing Content with members. PropertyHeads is a platform for members to share helpful property related information with each other. To that end, we make the Content you post on PropertyHeads, such as posts, replies, messages, and profile information, available to other PropertyHeads members based on the preferences in your settings, the preferences on the Content you provide, and as described in this Policy.
8.2 Publicly-available Content. In limited circumstances (for example to highlight popular businesses or topics), we may make short snippets of Content available, without your name or other identifying information, to the public (meaning non-members and search engines).
8.3 Marketing and spam. We know that you do not want spam or marketing calls from third parties, so we will never sell or rent your contact information to third parties, and we won’t share it with a third party unless we have your authorisation.
8.4 Advertising. You always have a choice as to whether or how you interact with an advertisement (for example, by replying or “thanking” them or by clicking to learn more about an offer). If you reply to an advertisement or other offer, we may share your reply with the advertiser, and we may log your interaction as part of tracking the overall effectiveness of the advertisement. Our systems are not currently configured to accept browsers’ “Do Not Track” signals, as no industry-wide standard for handling them has been adopted.
8.5 Third party service providers. We may share your personal information to help us operate, provide, improve, understand, customise, support, and market our Services. These third parties are contractually required to use it only to provide their service to us, and contractually barred from using it for their own purposes. (For example, we use a company to help test and analyse the performance of our website and mobile applications.)
8.6 Within the PropertyHeads corporate family. As we grow and PropertyHeads becomes available in more countries, we may expand our corporate family by establishing local subsidiaries or other affiliates in these countries as needed to help us provide PropertyHeads there.
8.7 Business re-organisation. In instances where the business is subject to a re-organisation, such as a merger or acquisition of some or all of its assets, we may, in accordance with our legitimate interests, need to share information in the course of the transaction. In such circumstances, your information may be disclosed, where permitted by applicable law, in connection with a corporate restructuring, sale, or assignment of assets, merger, or other changes of control or financial status of PropertyHeads.
8.8 Legal and safety reasons. We may retain, preserve, or share your personal information if we have a good-faith belief that it is reasonably necessary to (a) respond, based on applicable law, to a legal request (e.g., a subpoena, search warrant, court order, or other request from government or law enforcement); (b) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; (c) protect our rights, property, or safety; (d) enforce our Membership Agreement or any other agreements we have with you; (e) prevent physical injury or other harm to any person or entity, including yourself and members of the general public. Our legal team reviews every request received from law enforcement, and we frequently seek modifications of requests that we believe are procedurally flawed or too broad.
8.9 Aggregated information. We may share some aggregated or de-identified information about our members with companies we do business with or public bodies.
If you live outside the United States, we transfer personal data outside the EU in accordance with EU data protection law, including where it is necessary to provide the Services and perform the Membership Agreement.
9.1 Standard Contractual Clauses. We may use a legal mechanism known as “standard contractual clauses” to protect information transferred outside the EU. Standard contractual clauses refer to contracts between companies transferring personal information that contain standard commitments approved by the EU Commission protecting the privacy and security of the information transferred. To request a copy of the clauses, please email us at firstname.lastname@example.org.
9.2 Privacy Shield. We may also rely on the EU-US Privacy Shield where we transfer your information to the United States, such as to certain of our third party service providers, where such recipients are certified to receive your information under the Privacy Shield Program.
By continuing to use PropertyHeads, you understand that we may transfer and store your data outside your home country, including to and in the US, as described in this Policy. The privacy protections and the rights of authorities to access your personal information in some of these countries may not be the same as in your home country; PropertyHeads will only transfer personal data as permitted by law, and will take steps intended to ensure appropriate protection of your personal information. If you have questions, please email email@example.com.
We may retain your information in our server logs, our databases and our records for as long as necessary in light of the purposes set out in this Policy, subject to any legal obligations to further retain such information. We may retain your verification-related information for a reasonable period of time, even if you do not complete all verification steps, to assist with future verifications and to prevent abuse of our verification processes. If you decide not to verify the account and would like us to delete the verification information you provided, email us at firstname.lastname@example.org.
11.1 Account Security. PropertyHeads uses technical and organisational measures intended to keep your data secure, including using https on our web pages to reduce the risk of unauthorised interception of your communications during your visits to the website. However, the internet is not a fully secure environment and we cannot guarantee that your personal information won’t be intercepted or improperly accessed. Please ensure that you keep your password safe and do not share it with anyone.
11.2 Other Services and Websites. In using PropertyHeads, you may come across links to websites and services operated by third parties (for example, if a member shares a link to a video on YouTube or if an advertiser provides a link to a contest). These third parties have their own privacy policies, which will apply to your activity if you click on the link and access their website or service. We do not accept any responsibility or liability for such external sites’ privacy and security practices.
11.3 Amendments to the Policy
From time to time we may make changes to this Policy, so please review it periodically. If we materially change our Policy, we will take steps to notify you in advance of the change, for example by emailing you or by posting a notice in your feed.
PropertyHeads Group Ltd, a UK limited company, with registered office at 22-24 Elm Road, Leigh-on-Sea, Essex SS9 1SN, England.
Last updated: 1 May 2018.