TICA POLICIES
(Terms & Conditions of Practice)

Definitions:
“Member”: Being the approved individual/person, company, organisation, corporation or partnership that has access to the TICA database, and as stated on the completed and signed Membership Agreement form.
“Individual”: Being the applicant applying for tenancy through the Member, or a tenant of the Member, or a tenant who has been listed on the TICA database by the Member.
“Data Subject”: The Individual who has been listed on the TICA database by the Member.
“Database”: The TICA Tenancy History database.

The TICA system is primarily a default tenancy control system that allows members to share information about a tenant’s tenancy history, and operates within the current legislation under the Data Protection Act 1998. The system allows its members to lodge information onto the database, and by way of an inquiry seek information that maybe listed on the database by another member.

The members of TICA agree that the database and any information contained in such a database will only be used for the purposes for which such information was provided. The members further agree that all information provided to TICA by members making inquiries and members listing information, is tenancy information and can only be used in tenancy related matters.

The use of the TICA system is only available to its members. These policies have been designed to protect the integrity of TICA, its members and those individuals who have their information listed on the database. TICA reserves the right to change these policies from time to time when deemed necessary.
Including the above the Member understands and agrees that:

1 That they will not provide their ID number or password to any other company, corporation, organisation, partnership or individual for access to the TICA Database. Any sharing of membership access ID information creates false enquiry and lodgement records on the Database, hence resulting into unlawful handling of personal information. Such action will result in immediate suspension of membership with no refund of any unused membership fee refunded in such event, along with notification of such mis-use of personal data to the Information Commissioner’s Office where deemed necessary. This includes Members with more than one associated office (eg. franchises, branches, etc) – each office must have its own valid membership.

2 In the instance of Members directly linked with the letting and/or management of the tenancy (eg. letting agents, property managers, landlords, housing companies and alike), that they are to only search and lodge an Individual’s details on the TICA Database if the Member holds an original signed “Tenant Courtesy Advice From TICA & Tenant Data Protection Act Acknowledgement” form by the said Individual (supplied in the Member’s membership pack), and that the Individual is legitimately applying for a tenancy through the Member.

3 In the instance of Members being tenant referencing agencies/companies, that they are to only search and lodge an Individual’s details on the TICA Database if the Member holds a verified copy of the signed “Tenant Courtesy Advice From TICA & Tenant Data Protection Act Acknowledgement” form by the said Individual (supplied in the Member’s membership pack), and that the Individual is legitimately applying for a tenancy via the Member/using the Member’s services as part of applying for a tenancy.

4 In the instance of third party linked Members to the Individual’s tenancy/tenancy application (eg. credit referencing agencies, private investigators, solicitors, debt collection & tracing agencies, insurance companies, etc), that they are only to search for an Individual’s details, (and not lodge information), on the TICA Database. Such searches must first be accompanied with an obtained copy of the Individual’s signed “Tenant Courtesy Advice From TICA & Tenant Data Protection Act Acknowledgement” form from the relevant and corresponding Member involved with the tenancy/tenant/applicant (the Data Subject) in question.

5 That they are able to substantiate the information recorded about an Individual on the Database.

6 That the information recorded on the Database at the time of recording is true and correct.

7 That listings on Individuals made on the Database can only be made if the Individual being listed falls within the listing criteria as detailed by TICA on the online listing dropdown box on the member’s “TICA Tenant Lodgement” page of the online Database.

8 That any information recorded on the Database will be updated by the Member in the event of any changes to such information, and is to be updated as soon as possible or within a reasonable time period.

9 That information recorded on the Database only remain on the database should the Data Subject’s breach still be current/outstanding/in place, or should the Member still consider it necessary to have such information made available to other TICA members.

10 To not allow any Individual’s information to be listed on the database for any longer than 6 years.

11 To co-operate with other TICA members who make inquiries about information contained within the Database.

12 That the Member will not provide to any third party person or company, organisation, corporation or partnership a copy of any report that may be printed from the TICA website/Database.

13 That they must be at all times correctly and sufficiently registered as a data controller with the Information Commissioner’s registry, and to supply TICA with such confirmation of registration upon request. Any Member found to not be correctly listed at any time with the Information Commissioner’s Office will have their membership suspended immediately with no refund of any unused membership fee refunded in such event.

14 To comply with the rules of good information handling under the Data Protection Act 1998.

15 That they are to only use the TICA system for legitimate tenancy related purposes. Personal gain inquiries on the TICA database are not allowed (for the reasons as set out in clause 1), but rather must be directed to TICA direct (your UK TICA contact).

16 To supply TICA with any information that may be required by TICA in the event of an investigation by TICA on any listing made on the Database or inquiry made on the Database.

17 That TICA will suspend membership of any Member that knowingly lists false or misleading information about an Individual on the Database. Furthermore no refund of any unused membership fee shall be applicable in such event.

18 That TICA reserves the right to remove any information that it discovers to be untrue, inaccurate, offensive, unwarranted, that may cause unnecessary substantial damage or distress to the Individual, or is in breach of any legislation that may be in place.

19 That TICA is required to carry out random checks on listings made on the Database and inquiries made on the Database. Furthermore the Member will provide TICA with the information required by TICA to prove the accuracy of the information recorded.

20 To comply with the conditions of membership as also contained in the Membership Agreement.

21 That they will not enter into arrangements with a tenant, tenancy applicant or Individual listed on TICA that may involve TICA or the TICA system without the prior consent of TICA.

22 That notwithstanding the fact that all information contained within the Database is the property of the listing Member, such information is subject to the policies of TICA.

23 That no information can be removed from TICA unless such information is found to be untrue, inaccurate, offensive, unwarranted, that may cause unnecessary substantial damage or distress to the Individual, or is in breach of any legislation that may be in place.

24 That TICA will not be used as a blackmail tool in order to remove a listing or information from the TICA Database.

25 That TICA will cancel membership in the event that it is discovered that the Member’s status/purpose does not fall into a category of members as defined under “Membership of TICA” on the TICA website, or as stated and/or agreed within the Membership Agreement by TICA, or as initially agreed by TICA otherwise in writing.

26 That the Member will notify TICA of the sale of the business and advise TICA of the purchaser details. Furthermore the Member will provide any purchaser of such business with sufficient details about TICA and how many tenants they have listed on the Database.

27 Following clause 3, in the instance of third party linked Members to the Individual’s tenancy/tenancy application (eg. credit referencing agencies, private investigators, solicitors, debt collection & tracing agencies, etc), the TICA Database is only to be used for seeking information about an Individual’s/Data Subject’s particular tenancy and such information on the TICA Database is not to be further processed in any matter that is incompatible with this purpose nor is to be processed in any unfair or unlawful manner. Therefore any such Member must have a legitimate requirement to access such information on the TICA Database.

28 That the Member will adhere to any other relevant laws and legislation.

29 TICA reserves the right to immediately suspend any membership where a Member is found to be in breach of any of the aforementioned TICA Policies, whereby no refund to the Member will be due for any unused remaining membership period.

30 Any serious breach of the aforementioned TICA Policies and breach of the Data Protection Act 1998 in relation to the Member’s use of the TICA system may also result in a fine issued by TICA and payable to TICA to cover or compensate for any consequential damages (financial or circumstantial) suffered by TICA. Such a fine is issued at the discretion of TICA for a fair and reasonable amount to compensate/cover such damages caused by the Member. Notification of such a situation may also be supplied to the Information Commissioner’s Office where deemed necessary. The Member must understand that as they are also classified as a data controller (as considered by the Information Commissioner’s Office, or please refer to the Data Protection Act 1998), then the Member is therefore responsible for data they have lodged on the TICA Database, and therefore must act and share responsibility.