Policies

Terms of use

Terms of use

Last modified: 9 Feb 2018

Thanks for using our products and services (“Services”). The Services are provided by OnTheMarket plc. (“OnTheMarket”), PO Box 450, 155-157 High Street, Aldershot GU11 9FZ, UK.

By using our Services, you are agreeing to these terms. Please read them carefully.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not OnTheMarket's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Privacy and Copyright Protection

OnTheMarket’s privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that OnTheMarket can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

Other than as expressly set out in these terms or additional terms, neither OnTheMarket nor its suppliers or distributors make any specific promises about the services. For example, we don't make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. We provide the services "as is".

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement to the extent permitted by law, we exclude all warranties.

Liability for our Services

When permitted by law, OnTheMarket, and OnTheMarket's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of OnTheMarket, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).

In all cases, OnTheMarket, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify OnTheMarket and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between OnTheMarket and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of England, UK will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in England, and you and OnTheMarket consent to personal jurisdiction in those courts.

For information about how to contact OnTheMarket, please visit our contact us page.

Privacy policy

Here at OnTheMarket we are committed to protecting your privacy. This policy explains how and for what purposes we use the information collected about you. Please read this privacy policy carefully. By using this Site and any services we offer via this Site, you are agreeing to be bound by this policy in respect of the information that we collect about you.

We've tried to keep it as simple as possible, but if you're not familiar with terms, such as cookies, IP addresses, pixel tags and browsers, then read about the key terms first.

If you have any queries or comments about the policy or our use of your personal information, or if you wish to unsubscribe from us, please get in touch by emailing dpo@onthemarket.com or writing to the Data Protection Officer at the address provided under "How to contact us".

Who we are

We are Agents' Mutual Limited, a wholly owned subsidiary of OnTheMarket plc (company number 08381458), and our address is PO Box 450, 155-157 High Street, Aldershot GU11 9FZ (referred to as "we" or "us" or "our"). Our VAT number is GB1176254493.

We are the providers of the website www.onthemarket.com (referred to as the "Site"). We are notified as a data controller with the Information Commissioner's Office with registration number ZA092158.

We provide this Site to subscribing estate agents and lettings agents ("members") to display properties they are marketing. We are not estate agents or lettings agents ourselves.

A reference to "you" or "your" is a reference to a user of the Site or any of our services.

Personal information we collect

When you visit or use the Site, or use our services, you may be asked to provide certain information about yourself, including your name and your contact details. We may also collect information about how you use this Site, including your searches, the properties and pages you look at, the advertisers or partners you contact and the contents of the messages you send to them. Finally, we may also collect information from any correspondence that you have with us. Collectively, we refer to this as "Your Information".

Like all websites, our servers automatically record 'log files' containing information about the volume and characteristics of our Site traffic, e.g. IP address, numbers of pages viewed, length of time spent on Site. We use log files to build pictures of how our Site is used that help us to monitor and improve the service.

Some of the forms where you may enter personal information on our Site have the option to accept or decline our use of Your Information for marketing purposes.

Why we collect Your Information

When you share information with us we can make our service even better - for example, by reviewing the devices being used to view our site, and testing against those devices to ensure display quality. As you use our services, we want you to be clear how we are using information and the ways in which you can protect your privacy.

We will only collect and use your personal information in accordance with data protection laws. Our grounds for processing your personal information will be one of the following:

  • Consent

    You have given consent to us using your personal information for a specific purpose. You can withdraw your consent at any time by updating your marketing preferences.

  • Legitimate interest

    It is in our legitimate interests to use your personal information to operate, improve and promote our services and to protect our business.

  • Legal obligation

    It is necessary for us to process your personal information to meet our legal obligations.

How we use Your Information

Your Information will enable us to provide you with access to all parts of this Site and to supply the services and features that you have requested. We may aggregate the information to identify patterns which we can use in our marketing and to help us develop, administer, support and improve our services and features.

When you contact OnTheMarket, we may keep a record of your communication to help resolve any issues that you might be facing.

We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services.

We use information collected from the properties marketed on our Site to provide our services to our members and our users. We may also use this information to identify trends in the property market.

If you change your mind about being contacted in the future, please email us at dpo@onthemarket.com and tell us or, if you have consented to being contacted by third parties for marketing purposes, you will need to contact them directly.

Use of children's personal information

We do not knowingly collect or store any personal information about children under the age of 16. If you are aged under 16 please get the permission of your parent(s) or guardian(s) before you provide any personal information to us.

Who has access to Your Information

We retain access to all personal information that we have collected from you or about you.

Whenever your personal information is shared across any of our social media channels, or with any of our partners that host our service via their website (with your consent, where necessary), their use of your personal information is governed by their privacy policies. We are not responsible for the privacy policies and practices of any other websites, even if you access them using links from this Site or if you can access this Site or use our services from them. We therefore recommend that you check the policy of each Site that you visit and make sure that you are comfortable with the terms of such policies before providing any personal information.

We may provide information about your visit to analytics and search engine providers to help us improve and optimise our services.

If our business enters into a joint venture with or is sold to or merged with another business entity, Your Information may be disclosed and ultimately transferred to our new business partners or owners.

If we offer or supply a service to you that is provided on our behalf by a third party we may pass Your Information to them in order to deliver the service. The categories of third parties include telephone call recording and our support ticketing systems. We may also use third parties to provide services on our behalf which may include processing (but not using themselves) Your Information, e.g. to complete partial addresses or to augment the information we hold about you.

We may share aggregated, non-personally identifiable information publicly and with our partners, such as publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.

We may disclose your personal information to enforce applicable Terms of Use, to detect, prevent or otherwise address fraud, security or technical issues, or to protect from harm the rights, property, or safety of OnTheMarket, our users, or the public. We will not otherwise disclose, sell or distribute Your Information to any third party without your permission unless we are required to do so by law.

Your rights

You have the right to ask us not to process your personal information at any stage.

Under data protection legislation, you also have the following rights:

  • Right to correct: the right to have your personal information rectified if it is inaccurate;
  • Right to erase: the right to request that we delete or remove your personal information from our systems;
  • Right to restrict our use of your information: the right to prevent us from using your personal information outright or limit the way in which we can use it;
  • Right to data portability: the right to request that we provide a machine-readable copy of your data to you;
  • Right to object: the right to object to our use of your personal information including where we use it for our legitimate interests, or where we use your personal information to carry out profiling to inform our market research and user demographics. If you raise an objection we will stop processing your personal information unless very exceptional circumstances apply, in which case we will let you know why we're continuing to process your personal information.

If you cannot fulfil your request using our Site's tools, please email dpo@onthemarket.com or contact us at the address under the How to contact us section. We will handle your request in accordance with data protection legislation.

If you're not satisfied with the way any complaint you make in relation to your personal information is handled by us then you may be able to refer your complaint to the Information Commissioner's Office. Please visit www.ico.org.uk for more information.

Keeping Your Information secure

We work hard to protect OnTheMarket and our users from unauthorised access to or unauthorised alteration, disclosure or destruction of information that we hold.

We may transfer, store, or process your data outside of the European Economic Area (“EEA”). Different countries have different data protection and security laws and some of these do not offer the same level of protection as under UK data protection legislation. However, when we appoint our service providers, we ensure they are either in the EU and covered by EU law or are covered by approved data transfer mechanisms (for example, the EU Standard Contractual Clauses and the EU-US Privacy Shield). By submitting your personal data to us, you agree to this transfer, storing or processing.

We will do our best to protect your personal data, however, we cannot guarantee the security of your data transmitted to our Site. By using our Site you accept the inherent risks of providing information online and will not hold us responsible for any breach of security.

How long we keep Your Information

Unless a longer retention period is required or permitted by law, we will only hold your personal information on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request it is deleted. If, having registered for our services, you do not use them for a reasonable time we may contact you to ensure you're still happy to receive communications from us. Even if we delete your data it may persist on backup or archival media for legal, tax or regulatory purposes.

How to contact us

If you have any queries relating to our use of your personal information or you wish to exercise any of your rights as listed above, please contact us at dpo@onthemarket.com or write to us at Data Protection Officer, OnTheMarket, PO Box 450, 155-157 High Street, Aldershot GU11 9FZ.

Cookies

Like many websites, we use "cookies" to enable us to personalise your visits to this Site, simplify the signing-in procedure, keep track of your preferences and track the usage of this Site. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies (your browser's help screen or manual will tell you how to do this), but please note that this may reduce the functionality of this Site and other websites. Further information can be found in our Cookie Policy.

Third parties may use cookies, web beacons, and similar technologies to collect or receive information from the website, and elsewhere on the internet and use that information to provide measurement services and targeted ads. Find out more about how you can opt-out of the collection and use of information for ad targeting here: www.aboutads.info/choices.

Key terms

Anonymous identifier

An anonymous identifier is a random string of characters that is used for the same purposes as a cookie on platforms, including certain mobile devices, where cookie technology is not available.

A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognise your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.

MyOnTheMarket account

You may access some of our services by signing up for a MyOnTheMarket account and providing us with some personal information (such as your email address and a password). This account information will be used to authenticate you when you access OnTheMarket services and protect your account from unauthorised access by others. You can edit your account at any time through your MyOnTheMarket account settings.

IP address

Every computer connected to the Internet is assigned a unique number known as an Internet protocol (IP) address. Since these numbers are usually assigned in country-based blocks, an IP address can often be used to identify the country from which a computer is connecting to the Internet.

Non-personally identifiable information

This is information that is recorded about users so that it no longer reflects or references an individually identifiable user.

Personal information

This is information which you provide to us which personally identifies you, such as your name, email address or phone number, or other data which can be reasonably linked to such information by OnTheMarket.

Pixel tag

A pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies.

Server logs

Like most websites, our servers automatically record the page requests made when you visit our sites. These server logs typically include your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

Here is an example of a typical log entry, followed by a breakdown of its parts:

172.16.254.1 - 03/Aug/2017 10:15:32 -
https://www.onthemarket.com/ -
Mozilla/5.0 (Windows NT 6.2; WOW64) AppleWebKit/537.36  - 740674ce2123e969
  • 172.16.254.1 is the Internet Protocol address assigned to the user by the user's ISP; depending on the user's service, a different address may be assigned to the user by their service provider each time that they connect to the Internet;
  • 03/Aug/2017 10:15:32 is the date and time of the query;
  • https://www.onthemarket.com/ is the URL requested;
  • Mozilla/5.0 (Windows NT 6.2; is the browser and operating system being used; and
  • 740674ce2123a969 is the unique cookie ID assigned to this particular computer the first time that it visited OnTheMarket.com. (Cookies can be deleted by users. If the user has deleted the cookie from the computer since the last time s/he visited OnTheMarket.com, then it will be the unique cookie ID assigned to the user the next time that s/he visits OnTheMarket.com from that particular computer.)

Unique device identifier

A unique device identifier is a string of characters that is incorporated into a device by its manufacturer and can be used to uniquely identify that device. Different device identifiers vary in how permanent they are, whether they can be reset by users and how they can be accessed. A given device may have several different unique device identifiers. Unique device identifiers can be used for various purposes, including security, along with fraud detection and remembering the user's preferences.

Changes to the policy

Our Privacy Policy may change from time to time. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes).

Last modified: 24 May 2018

Cookie policy

Types of cookies used by OnTheMarket

Last modified: 9 Feb 2018

We use different types of cookies to run OnTheMarket websites and ads-related products. Some or all of the cookies identified below may be stored in your browser.

Category of use Example
Preferences These cookies allow our websites to remember information that changes the way the site behaves or looks, such as your preferred language or the region you are in. For instance, by remembering your region, a website may be able to provide you with local weather reports or traffic news. These cookies can also assist you in changing text size, font, and other parts of web pages that you can personalise. Loss of the information stored in a preference cookie may make the website experience less functional but should not prevent it from working. Most OnTheMarket users will have a preferences cookie in their browsers. A browser sends this cookie with requests to OnTheMarket sites. The cookie contains a unique ID OnTheMarket uses to remember your preferences and other information, such as your preferred language (e.g. English), and how many search results you wish to have shown per page (e.g. 10 or 20).
Security We use security cookies to authenticate users, prevent fraudulent use of login credentials, and protect user data from unauthorised parties.
Processes Process cookies help make the website work and deliver services that the website visitor expects, like navigating around web pages or accessing secure areas of the website. Without these cookies, the website cannot function properly.
Session State Websites often collect information about how users interact with a website. This may include the pages users visit most often and whether users get error messages from certain pages. We use these so-called ‘session state cookies’ to help us improve our services, in order to improve our users’ browsing experience. Blocking or deleting these cookies will not render the website unusable. These cookies may also be used to anonymously measure the effectiveness of PPC (pay per click) and affiliate advertising.
Analytics Google Analytics is Google’s analytics tool that helps website and app owners to understand how their visitors engage with their properties. It may use a set of cookies to collect information and report website usage statistics without personally identifying individual visitors to OnTheMarket. The main cookie used by Google Analytics is the ‘__ga’ cookie.