BACKGROUND:

Azure Property Consultants Ltd understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our clients and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

1. Information About Us

Azure Property Consultants Ltd

Registered in England.  Company number 04985656.

Registered address: 1 Oxford Street, Whitstable, Kent, CT5 1DB

VAT number: GB 825209147

Data Protection & GDPR Officer

Room F4, Clover House, John Wilson Business Park, Whitstable, Kent, CT5 3QZ

We are regulated by the RICS and a member of The Property Ombudsman and the Information Commissioner’s Office.

 

2. What Does This Notice Cover?

This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

 

3. What Is Personal Data?

Personal data is defined by the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. 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.

The personal data that we use is set out in Part 5, below.

 

4. What Are My Rights?

Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:

1. The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
2. The right to access the personal data we hold about you. Part 10 will tell you how to do this.
3. The right to have your personal data rectified if any of your personal data held by us] is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 11 to find out more.
5. The right to restrict (i.e. prevent) the processing of your personal data.
6. The right to object to us using your personal data for a particular purpose or purposes.
7. The right to withdraw consent. This means that, if we relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
8. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
9. Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.

It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 11.

5. What Personal Data Do You Collect and How?

We may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. We do not collect any ‘special category’ or ‘sensitive’ personal data and personal data relating to children or data relating to criminal convictions and/or offences.

Data Collected	How We Collect the Data
Identity information including name, title, date of birth, gender, proof of identity and address documentation	Email, telephone, post, portal, website contact form and agents
Contact information including address, email and telephone numbers.	Email, telephone, post, portal, website contact form and agents
Business information including business name, job title, profession, business address.	Email, telephone, post, portal, website contact form and agents
Payment information including bank account details.	Email, telephone, post and internal systems. Recorded via card payment receipts (saved without holding details), cheques recorded in company book, paying in slips, bank statements
Data from third parties including contact information.	Email, telephone, post, portal, website contact form and agents

6. How Do You Use My Personal Data?

Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we will or may use your personal data, and our lawful bases for doing so:

What We Do	What Data We Use	Our Lawful Basis
Administering our business.	Identity, contact, business and payment details.	Consent, contract, legal obligation, legitimate interests
Supplying our services to you.	Identity, contact, business and payment details.	Consent, contract, legal obligation, legitimate interests
Managing payments for our services.	Identity, contact, business and payment details.	Consent, contract, legal obligation, legitimate interests
Personalising and tailoring our services for you.	Identity, contact and business details.	Consent, contract, legal obligation, legitimate interests
Communicating with you.	Identity, contact and business details.	Consent, contract, legal obligation, legitimate interests
Supplying you with information by email and post (you may opt-in at any time)	Identity, contact and business details.	Consent, contract, legal obligation, legitimate interests

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone, text message and post with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-in. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.

We do not use automated systems for carrying out certain kinds of decision–making or profiling.  If at any point you wish to query any action that we take on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the Data Protection Legislation gives you the right to do so. Please contact us to find out more using the details in Part 11.

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 that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 11.

If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.

In some circumstances, where permitted or required by law, we] may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

7. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

Type of Data	How Long We Keep It
Identity Information including name, title, date of birth, gender.	As long as active business relationship following cessation for an additional 12 years.
Contact information including address, email, telephone number.	As long as active business relationship following cessation for an additional 12 years.
Business information including business name, job title, profession.	As long as active business relationship following cessation for an additional 12 years.
Payment information including bank account details.	As long as active business relationship following cessation for an additional 12 years.

8. How and Where Do You Store or Transfer My Personal Data?

We will only store your personal data in the UK. This means that it will be fully protected under the Data Protection Legislation.

We may store some or all of your personal data in countries outside of the UK. These are known as “third countries”. We will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows:

We ensure that your personal data is protected under binding corporate rules. Binding corporate rules are a set of common rules which all our group companies are required to follow when processing personal data. For further information, please refer to the Information Commissioner’s Office.

Please contact us using the details below in Part 11 for further information about the particular data protection safeguards used by us when transferring your personal data to a third country.

The security of your personal data is essential to us and to protect your data, we take a number of important measures, including the following:

• limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
• procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so.

10. Do You Share My Personal Data?

We may share your personal data with other companies in our group for business purposes. This includes our holding company and its subsidiaries.

We may sometimes contract with the following third parties to supply services:-

1. Solicitor
2. Accountant
3. Professional advisors
4. Trades people
5. Utility companies
6. Agents

If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.

If any personal data is transferred outside of the UK, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 8.

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will generally respond to your subject access request within 28 days and, in any case, not usually more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

11. How Do I Contact You?

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:-

Data Protection & GDPR Officer

Room F4, Clover House, John Wilson Business Park, Whitstable, Kent, CT5 3QZ

12. Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be made available via our website, www.azurepc.co.uk.

1. Policy Statement

Azure Property Consultants Ltd (“the Company”) is committed to achieving a working environment which provides equality of opportunity and freedom from unlawful discrimination on the grounds of race, sex, pregnancy and maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation. This Policy aims to remove unfair and discriminatory practices within the Company and to encourage full contribution from its diverse community. The Company is committed to actively opposing all forms of discrimination.

The Company also aims to provide a service that does not discriminate against its clients and customers in the means by which they can access the services and goods supplied by the Company. The Company believes that all employees and clients are entitled to be treated with respect and dignity.

Any and all personal data used in connection with this Policy shall be collected, held, and processed in accordance with the Company’s [Employee] Data Protection Policy.

 

2. Objectives of this Policy

To prevent, reduce and stop all forms of unlawful discrimination in line with the Equality Act 2010.

To ensure that recruitment, promotion, training, development, assessment, benefits, pay, terms and conditions of employment, redundancy and dismissals are determined on the basis of capability, qualifications, experience, skills and productivity.

 

3. Designated Officer

Azure Property Consultants Ltd have a designated officer for equality and diversity.

 

4.  Definition of Discrimination

Discrimination is unequal or differential treatment which leads to one person being treated more or less favourably than others are, or would be, treated in the same or similar circumstances on the grounds of race, sex, pregnancy and maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation. Discrimination may be direct or indirect, and includes discrimination by perception and association.

 

5. Types of Discrimination

5.1 Direct Discrimination

This occurs when a person or a policy intentionally treats a person less favourably than another on the grounds of race, sex, pregnancy and maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation.

5.2 Indirect Discrimination

This is the application of a policy, criterion or practice which the employer applies to all employees but which is such that:

• It is it detrimental to a considerably larger proportion of people from the group that the person the employer is applying it to represents;
• The employer cannot justify the need for the application of the policy on a neutral basis; and
• The person to whom the employer is applying it suffers detriment from the application of the policy.

Example: A requirement that all employees must be 6ft tall if that requirement is not justified by the position would indirectly discriminate against employees with an oriental ethnic origin, as they are less likely to be able to fulfil this requirement.

5.3 Harassment

This occurs when a person is subjected to unwanted conduct that has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

5.4 Victimisation

This occurs when a person is treated less favourably because they have bought or intend to bring proceedings or they have given or intend to give evidence.

6. Unlawful Reasons for Discrimination

6.1 Sex

It is not permissible to treat a person less favourably on the grounds of sex, marital status, civil partnership, pregnancy or maternity, gender reassignment or transgender status. This applies to men, women and those undergoing or intending to undergo gender reassignment. Sexual harassment of men and women can be found to constitute sex discrimination.

Example: Asking a woman during an interview if she is planning to have any (more) children constitutes discrimination on the ground of gender.

6.2 Age

It is not permissible to treat a person less favourably because of their age. This applies to people of all ages.  This does not currently apply to the calculation of redundancy payments.

6.3 Disability

It is not permissible to treat a disabled person less favourably than a non-disabled person.  Reasonable adjustments must be made to give the disabled person as much access to any services and ability to be employed, trained, or promoted as a non-disabled person.

6.4 Race

It is not permissible to treat a person less favourably because of their race, the colour of their skin, their nationality or their ethnic origin.

6.5 Sexual Orientation

It is not permissible to treat a person less favourably because of their sexual orientation. For example, an employer cannot refuse to employ a person because s/he is homosexual, heterosexual or bisexual.

6.6 Religion or Belief

It is not permissible to treat a person less favourably because of their religious beliefs or their religion or their lack of any religion or belief.

7. Positive Action in Recruitment

Under the Equality Act 2010, positive action in recruitment and promotion applies as of 6 April 2011. ‘Positive action’ means the steps that the Company can take to encourage people from groups with different needs or with a past record of disadvantage or low participation, to apply for positions within the Company.

If the Company chooses to utilise positive action in recruitment, this will not be used to treat people with a protected characteristic more favourably, it will be used only in tie-break situations, when there are two candidates of equal merit applying for the same position.

< h3>8. Reasonable Adjustments

The Company has a duty to make reasonable adjustments to facilitate the employment of a disabled person.  These may include:

• Making adjustments to premises;
• Re-allocating some or all of a disabled employee’s duties;
• Transferring a disabled employee to a role better suited to their disability;
• Relocating a disabled employee to a more suitable office;
• Giving a disabled employee time off work for medical treatment or rehabilitation;
• Providing training or mentoring for a disabled employee;
• Supplying or modifying equipment, instruction and training manuals for disabled employees; or
• Any other adjustments that the Company considers reasonable and necessary provided such adjustments are within the financial means of the Company.

If an employee has a disability and feels that any such adjustments could be made by the Company, they should contact the Designated Officer.

9. Responsibility for the Implementation of this Policy

All employees, subcontractors and agents of the Company are required to act in a way that does not subject any other employees or clients to direct or indirect discrimination, harassment or victimisation on the grounds of their race, sex, pregnancy or maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation.

The co-operation of all employees is essential for the success of this Policy. Senior employees are expected to follow this Policy and to try to ensure that all employees, subcontractors and agents do the same.

Employees may be held independently and individually liable for their discriminatory acts by the Company and in some circumstances an Employment Tribunal may order them to pay compensation to the person who has suffered as a result of discriminatory acts.

The Company takes responsibility for achieving the objectives of this Policy, and endeavours to ensure compliance with relevant Legislation and Codes of Practice.

10. Acting on Discriminatory Behaviour

In the event that an employee is the subject or perpetrator of, or witness to, discriminatory behaviour, please refer to the company handbook on disciplinary and grievance procedures.

11. Advice and Support on Discrimination

Employees may contact their employee or trade union representative if access to such an individual is possible.

Other contacts include:

Equality and Human Rights Commission

Manchester
Arndale House
The Arndale Centre
Manchester
M4 3AQ

London
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX

Cardiff
Block 1, Spur D, Government Buildings
St Agnes Road
Gabalfa
Cardiff
CF14 4YJ

Glasgow

151 West George Street
Glasgow
G2 2JJ

Helpline Telephone Number:
Phone: 0808 800 0082

Textphone: 0808 800 0084

Website: www.equalityhumanrights.com

Citizens Advice Bureau

3^rd Floor North
200 Aldersgate Street
London
EC1A 4HD

Website: www.citizensadvice.org.uk

Community Legal Services Direct

Telephone: 0845 345 4 345
Website: www.clsdirect.uk

12. The Extent of the Policy

• The Company seeks to apply this Policy in the recruitment, selection, training, appraisal, development and promotion of all employees. The Company offers goods and services in a fashion that complies with the spirit of this Policy.
• This Policy does not form a part of any employment contract with any employee and its contents are not to be regarded by any person as implied, collateral or express terms to any contract made with the Company.
• The Company reserves the right to amend and update this Policy at any time.

1. Introduction

Azure Property Consultants Ltd are a UK registered company providing commercial property agency, asset management and property management services. The business of the Company is low risk in relation to money laundering, however, in order to prevent any of our services being used (or potentially used) for any money laundering activity, as well as any of our employees being exposed to money laundering, we wish to put in place the following anti-money laundering policy which supplements the anti-money laundering training given to all members of staff.

2. Scope of the Policy

The broad definition of money laundering means that potentially anyone could commit a money laundering offence, this includes all employees of the Company, all temporary staff and contractors.

Our policy is to enable the Company to meet its legal and regulatory requirements in a way which is proportionate to the low risk nature of the business, by taking reasonable steps to minimise the likelihood of money laundering occurring.

All employees must be familiar with their legal responsibilities.

3. What is Money Laundering?

The principal primary legislation is The Proceeds of Crime Act 2002 (POCA), which consolidated, updated and reformed criminal law with regard to money laundering, supplemented by the Terrorism Act 2000 and the Fraud Act 2006. The principal secondary legislation is the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 as amended by the Money Laundering and Terrorist Financing (Amendment) Regulations 2019.

Money laundering can be defined as the process to move illegally acquired cash through financial systems so that it appears to be from a legitimate source. Money laundering offences include: concealing, disguising, converting, transferring criminal property or removing it from the UK (Section 327 POCA); entering into or becoming concerned in an arrangement which you know or suspect facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person (Section 328 POCA); and acquiring, using or possessing criminal property (Section 329 POCA).

There are also several secondary offences, failure to disclose knowledge or suspicion of money laundering to the Money Laundering Reporting Officer (MLRO); failure by the MLRO to disclose knowledge or suspicion of money laundering to the National Crime Agency; and ‘tipping off’ whereby somebody informs a person or persons who are, or who are suspected of being involved in money laundering, in such a way as to reduce the likelihood of their being investigated or prejudicing an investigation.

Any member of staff could potentially be caught by the money laundering provisions, if they suspect money laundering and either become involved with it in some way, and/or do nothing about it. This Policy sets out how any concerns should be raised.

4. Money Laundering Reporting Officer (MLRO)

The Company has appointed a MLRO to receive disclosures about money laundering activity and be responsible for anti-money laundering activity within the Company.

The Company has also appointed a deputy MLRO who will be responsible in the absence of the nominated officer.

The MLRO will ensure that appropriate training and awareness is provided to new and existing employees and contractors and that this is reviewed and updated as required.

The MLRO will ensure that appropriate anti-money laundering systems and processes are incorporated by the Company.

5. Suspicions of Money Laundering

All employees, temporary staff and contractors must immediately report any knowledge of or suspicion of (or where there are reasonable grounds to suspect) suspicious activity to the MLRO.

Once the matter has been reported to the MLRO, the employees and contractors must follow the directions given to them and must NOT make any further enquiry into the matter.

The employees, temporary staff and contractors must NOT voice any suspicions to the person(s) whom they suspect of money laundering, as this may result in the commission of the offence of “tipping off”. They must NOT discuss the matter with others or note on the file that a report has been made to the MLRO in case this results in the suspect becoming aware of the situation.

6. Consideration of the Disclosure by the MLRO

Once the MLRO has received the report, it must be evaluated in a timely manner in order to determine whether:

• There is actual or suspected money laundering taking place; or
• There are reasonable grounds to know or suspect that this is the case; and
• Whether the MLRO needs to lodge a Suspicious Activity Report (SAR) with the National Crime Agency (the NCA).

Where the MLRO concludes that there are no reasonable grounds to suspect money laundering then consent will be given for any on-going or imminent transaction(s) to proceed.

Where consent is required from the NCA for a transaction to proceed, then the transaction(s) in question must not be undertaken or completed until the NCA has given specific consent, or there is deemed consent through the expiration of the relevant time limits without objection from the NCA.

All disclosure reports referred to the MLRO and reports made to the NCA will be retained by the MLRO in a confidential file kept for that purpose, for a minimum of 5 years.

The MLRO must also consider whether additional notifications and reports to other relevant enforcement agencies should be made.

7. Client Identification and Due Diligence

Due diligence is performed on all clients who must provide basic information including full name, business address, date of birth and registration details.

Enhanced Due Diligence

It may be necessary for the Company to carry out enhanced due diligence on certain clients where the client or a transaction involving the client appears to be “high risk”. This means that there is a higher level of identification and verification of the client’s identity required. The following non-exhaustive list of situations may indicate a “high risk”:

• a new client;
• a client not well known to the Company;
• clients in known high risk industries and/or jurisdictions;
• transactions that are unusual or appear to be unusual for that client;
• highly complex transaction or payment arrangements;
• the transaction involves a politically exposed person (“PEP”) or an immediate family member or a close associate of a PEP;
• no face to face meetings take place with the client where this is usually expected; and

Employees, temporary staff and contractors must assess the money laundering risk for each client and if you suspect enhanced due diligence is required, you should speak to the MLRO before continuing any engagement. The MLRO will be required to approve the continuance of the business relationship.

If enhanced due diligence is carried out, the MLRO must:

• obtain additional information on the client and on the client’s beneficial owner(s);
• obtain additional information on the intended nature of the business relationship;
• obtain information on the source of funds and source of wealth of the client and client’s beneficial owner(s); and
• conduct enhanced monitoring of the business relationship.

This may include but is not limited to the following:

• checking the organisation website to confirm the identity of personnel, its business address and any other details;
• attending the client at their business address;
• obtaining additional information or evidence to establish the identity of the client and its beneficial owner(s), including checking publicly available beneficial ownership registers of legal entities such as the registers available at Companies House;
• in the case of a PEP, seek the approval of senior management and establish the source of wealth and source of funds;
• ensure that the first payment is made into a bank account in the client’s name;

If satisfactory evidence of identity is not obtained at the outset then the business relationship or one-off transaction(s) cannot proceed any further. A report should be filed with the MLRO who will then consider if a report needs to be submitted to the NCA.

8. Ongoing Monitoring

Employees, temporary staff and contractors should review clients at regular intervals to ensure that the risk level and information held on each client is not only accurate and up to date but is consistent with the knowledge of the client and its business. Further due diligence may be required if new people become involved.  Any suspicious activity must be reported to the MLRO.

9. Data Protection

Client details must be collected in accordance with the Data Protection Act 2018. This data can be “processed” as defined under the Data Protection Act 2018 to prevent money laundering and terrorist financing.

10. Record Keeping

Client identification evidence and details of any relevant transaction(s) for that client must be retained for at least 5 years from the end of any business relationship with that client.

1. Purpose

Azure Property Consultants Ltd (“the Company”) is committed to the practice of responsible corporate behaviour and to complying with all laws, regulations and other requirements which govern the conduct of our operations.

The Company is fully committed to instilling a strong anti-corruption culture and is fully committed to compliance with all anti-bribery and anti-corruption legislation including, but not limited to, the Bribery Act 2010 (“the Act”) and ensures that no bribes or other corrupt payments, inducements or similar are made, offered, sought or obtained by us or anyone working on our behalf.

2. Bribery

Bribery is defined as the giving or promising of a financial or other advantage to another party where that advantage is intended to induce the other party to perform a particular function improperly, to reward them for the same, or where the acceptance of that advantage is in itself improper conduct.

Bribery is also deemed to take place if any party requests or agrees to receive a financial or other advantage from another party where that advantage is intended to induce that party to perform a particular function improperly, where the acceptance of that advantage is in itself improper conduct, or where that party acts improperly in anticipation of such advantage.

Bribery of a foreign official is defined as the giving or promising of a financial or other advantage which is intended to influence the official in order to obtain business or an advantage in the conduct of business unless the foreign official is required or permitted by law to be influenced by such advantage.

3. Consequences of Bribery

Anyone or any organisation found guilty of bribery under the Act may face fines and/or prison terms. In addition, high legal costs and adverse publicity are likely to result from any breach of the Act.

For employees of the Company, failure to comply with this Policy and/or with the Act may result in:

• disciplinary action which may include dismissal; and
• criminal penalties under the Act which may result in a fine and/or imprisonment for up to 10 years.

For the Company, any breach of this Policy by any employee or business associate may result in:

• the Company being deemed to be in breach of the Act;
• the Company being subject to fines; and
• the Company suffering negative publicity and further associated damage as a result of such breach.

4. Responsibility for Compliance and Scope of Policy

This Policy applies to all employees, agents, contractors, subcontractors, consultants, business partners and any other parties (including individuals, partnerships and bodies corporate) associated with the Company or any of its subsidiaries.

It is the responsibility of all of the abovementioned parties to ensure that bribery is prevented, detected and reported and all such reports should be made in accordance with the Company’s Whistleblowing Policy or as otherwise stated in this Policy, as appropriate.

No party described in section 4.1 may:

• give or promise any financial or other advantage to another party (or use a third party to do the same) on the Company’s behalf where that advantage is intended to induce the other party to perform a particular function improperly, to reward them for the same, or where the acceptance of that advantage will in itself constitute improper conduct;
• request or agree to receive any financial or other advantage from another party where that advantage is intended to induce the improper performance of a particular function, where the acceptance of that advantage will in itself constitute improper conduct, or where the recipient intends to act improperly in anticipation of such an advantage.

Parties described in section 4.1 must:

• be aware and alert at all times of all bribery risks as described in this Policy and in particular as set out in section 9 below;
• exercise due diligence at all times when dealing with third parties on behalf of the Company; and
• report any and all concerns relating to bribery to Anti-Bribery Officer, or, in the case of non-employees, their normal point of contact within the Company, or otherwise in accordance with the Company’s Whistleblowing Policy.

5. Facilitation Payments

A facilitation payment is defined as a small payment made to officials in order to ensure or speed up the performance of routine or necessary functions.

Facilitation payments constitute bribes and, subject to section 5.3, may not be made at any time irrespective of prevailing business customs in certain territories.

Facilitation or similar payments may be made in limited circumstances where your life is in danger but under no other circumstances. Any payment so made must be reported to t as soon as is reasonably possible and practicable.

6. Gifts and Hospitality

Gifts and hospitality remain a legitimate part of conducting business and should be provided only in compliance with the Company’s Gifts and Hospitality Policy.

Gifts and hospitality can, when excessive, constitute a bribe and/or a conflict of interest. Care and due diligence should be exercised at all times when giving or receiving any form of gift or hospitality on behalf of the Company.

The following general principles apply:

• Gifts and hospitality may neither be given nor received as rewards, inducements or encouragement for preferential treatment or inappropriate or dishonest conduct.
• Neither gifts nor hospitality should be actively sought or encouraged from any party, nor should the impression be given that the award of any business, custom, contract or similar will be in any way conditional on gifts or hospitality.
• Cash should be neither given nor received as a gift under any circumstances.
• Gifts and hospitality to or from relevant parties should be generally avoided at the time of contracts being tendered or awarded.
• The value of all gifts and hospitality, whether given or received, should be proportionate to the matter to which they relate and should not be unusually high or generous when compared to prevailing practices in our industry or sector.
• Certain gifts which would otherwise be in breach of this Policy and/or the Hospitality and Gifts Policy may be accepted if refusal would cause significant and/or cultural offence, however the Company will donate any gifts accepted for such reasons to a charity of the Anti-Bribery Officer’s choosing.
• All gifts and hospitality, whether given or received, must be recorded in the Azure Property Consultants Gift Register.

7. Charitable Donations

Charitable donations are permitted only to registered (non-profit) charities. No charitable donations may be given to any organisation which is not a registered charity.

All charitable donations must be fully recorded in the Azure Property Consultants Gift Register.

Proof of receipt of all charitable donations must be obtained from the recipient organisation.

Under no circumstances may charitable donations be made in cash.

No charitable donation may be made at the request of any party where that donation may result in improper conduct.

8. Political Donations

The Company does not make political donations and the Company is not affiliated with any political party, independent candidate, or with any other organisation whose activities are primarily political.

Employees and other associated parties are free to make personal donations provided such payments are not purported to be made on behalf of the Company and are not made to obtain any form of advantage in any business transaction.

9. Due Diligence and Risks

The following issues should be considered with care in any and all transactions, dealings with officials, and other business matters concerning third parties:

• Territorial risks, particularly the prevalence of bribery and corruption in a particular country;
• Cross-border payments, particularly those involving territories falling under section 9.1;
• Requests for cash payment, payment through intermediaries or other unusual methods of payment;
• Activities requiring the Company and/or any associated party to obtain permits or other forms of official authorisation;
• Transactions involving the import or export of goods.

It is the purpose of our roles to deliver an exceptional customer service to all our customers, whether that be residents, leaseholders, or clients. We understand that managing people’s homes requires dealing with customers that have an emotional investment and this can sometimes cause distress and make dealing with customers difficult. We are prepared and have tools to enable us to ease such conversations and provide effective resolutions to these problems.

Occasionally however, there may be instances when we deal with an individual whose behaviour is considered unreasonable. We have a duty to ensure that our staff are properly protected, in accordance with our health and safety obligations and our general responsibility to safeguard their welfare. We do not expect our staff to tolerate unreasonable behaviour.

What is unreasonable behaviour? 

Unreasonable behaviour is any behaviour that is deemed unacceptable, the various forms of which are detailed below. We do not view behaviour as unreasonable just because a person is forceful or determined. However, we do consider behaviour that results in unreasonable demands of our staff, or unreasonably distresses our staff, to be unacceptable.

Wherever possible, we will give the person the opportunity to change their behaviour or action before a decision is taken. In the event that action needs to be taken to deal with unreasonable behaviour, we will make a detailed note of events, including the unreasonable behaviour and any action taken to mitigate it. This will be recorded in a central register and will be done as soon as possible after the event. We may choose to record phone calls to company phones. When this is the case, we will give clear notice and subsequent reminders.

Forms of unreasonable behaviour

We deem the following behaviour to be unacceptable when liaising with our staff:

1. Being unreasonably persistent – for example, ringing frequently to raise points already addressed; sending voluminous repetitive or irrelevant emails or letters; (Note that there is no set period for being unreasonably persistent as the nature of the persistence will inevitably vary. However, depending on the circumstances, we will consider whether a person is being unreasonably persistent by assessing the frequency of persistence over a period of 3, 6 and 12 months).
2. Rudeness – swearing (generally or directed at a member of staff), persistent interruption, name calling or general discourtesy.
3. Anger – in volume or tone of voice, such as shouting.
4. Aggressive behaviour – threats of physical harm to person(s) or property; behaviour which indicates that physical harm to person(s) or property is imminent or actual physical aggression.
5. Insulting or disparaging remarks or comments – especially on the grounds of an individual’s sex, marital status, sexual orientation, disability, race, colour, national or ethnic origin, religion, belief or age.
6. Inflammatory remarks or personal remarks directed at staff

These are examples and not a definitive list of unacceptable behaviours. There are other behaviours not included in the above which may constitute unacceptable behaviour.

Dealing with unreasonable behaviour

We may choose to deal with unreasonable behaviour by any of the following means:

1. Call Termination – Where a person behaves unreasonably during a telephone call to a member of staff, we will ask them to change their behaviour. If they persist in behaving unreasonably, we will warn them that we will terminate the call. If they persist further, we will follow that through. The staff member who terminates the call may report this to a senior figure within the company, and a written note of the telephone conversation will be made and logged.
2. Limiting Contact – Where a person is unreasonably persistent, for example by telephoning us several times a day for a number of days in succession, or by sending us voluminous or repetitive emails or letters, we will ask them to reduce their contact with the office to that which is absolutely essential. If our request is ignored, we will take steps to limit their contact with the office. Such steps might include requiring contact in a particular form – for example by letter only; requiring telephone contact on specified days or at specified times; or insisting that contact is only made with specific staff member(s) or through a third party to contact us on the persons behalf.
3. Terminating Contact – In exceptional circumstances, we may refuse to have further contact with individuals who are unreasonably persistent or abusive. Where we put limitations on contact with the office, this will be sanctioned by a senior figure within the company.
4. Informing the Authorities – Where we receive threats against individual staff members/voluntary advisers or office property, immediate action may be taken including informing the police or other emergency services.

Through the above measures, we have taken steps to recognise and safeguard our staff from unreasonable behaviour.

As Property Agents dealing with Client Money whilst carrying out work within the letting agency and property management industry in England, Azure Property Consultants Limited (APCL) abide by the guidelines set out by RICS. Abbreviated details of these guidelines are given below, more detailed information can be provided upon request.

Client Money

Client Money is defined as money received by APCL, in the course of our business activities, which does not belong to us. Some examples of this may include:

• Tenant deposits

• Rent

• Service charge

• Fee money taken in advance

Client Bank Account

APCL operate under the Clients Money Service (CMS) provided by NatWest bank. All client money received is received then transferred into the relevant sub-account for each client.

NatWest CMS is in the exclusive control of APCL’s Accounts team and allows us to:

1. Maintain separate Client Money sub-accounts which are designated and easily distinguished from other accounts

2. Name each sub-account with the relevant name of the client or related property

3. Keep all Client Money Accounts separate so it is not combined with, or transferred to, any other trading account maintained by APCL

4. Keep deposit accounts clearly marked and kept separate

5. Ensure Client Money accounts are never overdrawn

APCL do not pass on the charges for running Client Money Accounts; nor do we pass on any interest earned on such accounts.

NatWest are not be entitled to exercise any right of set up or counterclaim against money in that the Client Money Account in respect of any sum owed to it in respect of any other account of APCL.

Bank Records and Reconciliation

APCL ensure that the NatWest CMS Account, and all sub-accounts, are kept updated and in good order. Our internal procedures ensure the following:

1. Client Money is accounted for within a computerised system

2. All Client Money received in/or transferred out of the NatWest CMS account is accounted for on a daily basis (working day only)

3. All dealings with Client Money are kept on record so current positions of accounts can be produced at any time upon request

4. Bank reconciliation on each Client Money sub-account is completed every month within the first week of the following month (i.e.: the accounts of January would be reconciled between 1st-7th February)

5. A three-way reconciliation on each Client Money sub-account is completed for every month if there is money in that account and there has been some activity since the last reconciliation. This allows us to reconcile the bank statement balance to the total of client money held, as recorded by the cash book, and then to the total of the individual client balances, as recorded on the client ledgers at the same date

6. Any unidentified Client Money will be kept in a suspense account until it can be allocated appropriately

Other Information

APCL can provide a copy of their procedures for handling Client Money to any person who may reasonably require a copy, free of charge.

APCL repay any Client Money without delay if there is no longer any requirement to retain that money or the relevant client request.

APCL hold and maintain professional indemnity insurance cover that is appropriate for the Member’s size, income, type of work and the amount of Client Money held.

The specific provisions relating to client money protection for Registered Firms which are Property Agents undertaking such activities in England will apply for the handling of such Client Money and for possible compensation for loss of such Client Money. The Rules of the RICS Client Money Protection Scheme for Property Agents have been approved by the Secretary of State of the Ministry of Housing Communities and Local Government and comply with the specific provisions of the Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) Regulations 2018.

A copy of the Annexe which details the compensation limits for the Scheme can be provided upon request.