Privacy Notice

 

General

 

We respect individuals' rights to privacy and to the protection of personal information. This Privacy Notice sets up why we collect your personal information, what information is collected and how it is processed and provides you with your rights in relation to that data.

 

'Personal information' means information about a living individual who can be identified from that information (either by itself or when it is combined with other information).

 

Through-out this privacy notice we use the term "processing" to cover all activities involving your personal information, including collecting, handling, storing, sharing, accessing, using, transferring, securing and disposing of information.

 

Graham + Sibbald is committed to ensuring that your privacy is protected. Any personal data provided to us by you or by a 3rd party shall only be used by us in accordance with this notice. Your data will be processed securely and in compliance with data protection law.

 

We may update this notice from time to time by updating the terms of our website (www.g-s.co.uk). We would encourage you to visit our website from time to time for any amendments. This policy is effective from 24 May 2018.

 

Topics:

  • Data Controller
  • What personal information might we process?
  • How we obtain information?
  • What we do with your Personal Data?
  • Who do we share your Personal Data with?
  • Security
  • Marketing
  • Our Website
  • How long we keep your Personal Data?
  • Your rights
  • How to contact us

 

Data Controller

 

The Firm's Data Protection Officer is: Alison Rae, Head of Compliance + Operations

 

Contact details:

Email - datacontroller@g-s.co.uk

Address - 40 Torphichen Street, Edinburgh, EH3 8JB

Telephone - 0131 225 1559

 

What information might we process?

 

We collect and process various categories of personal information at the start of and for the duration of your relationship with us. We will limit the collection and processing of information necessary to achieve one or more legitimate purposes as identified in this notice. Personal Information may include:

 

  • Basic personal information, including name and address and contact details such as telephone number + email address (for example you have registered an interest in a property/ have requested particularly or to be provided with a quote to undertake a valuation on your property);
  • Financial information, including bank account details, account + transactional information and borrowing details;
  • Access details to 'named' property(ies);
  • Card payment details;
  • Customer Due Diligence (CDD) ID documentation (for example on purchaser/ buyers/ leaseholders of Commercial Properties. Documents include Passport, Driving Licence, Utility Bill/ Mortgage/ Bank statement, etc.);
  • Lease information;
  • Planning consents;
  • General valuation data;
  • Full business accounts;
  • Services provided;
  • Online profile

 

Where permitted by law, we may process information such as to perform checks to prevent and detect crime and to comply with laws relating to money laundering, fraud, terrorist financing, bribery and corruption, and international sanctions. It may involve sharing information with law enforcement and regulatory bodies.

 

Please note that failure to provide us with certain information may affect our ability to deliver services to you.

 

How we obtain information?

 

Your information is made up of all the personal information we collect and hold about you. It includes:

 

  • Information you give us
  • Information that we learn about you through our relationship
  • Information that we receive from 3rd parties (for example from mortgage lenders)
  • Information that we gather from the technology that you use to access our services (for example website usage such as demographic or statistical information such as IP geographic location and web client details)
  • Information that we gather from publicly available sources, such as companies house

 

What we do with your Personal Data?

 

We will only use and share your information where it is necessary for us to lawfully carry out our business activities. The personal data we hold about you is processed by us to enable us to:

 

- understand your needs

- provide you with the services you have engaged us to provide

- better those services

- collect payment for those services provided and, if you agree,

- email you about other services we think may be of interest to you.

 

We have described the purposes for which your information may be used in detail in Schedule 1 - Purposes of processing.

 

Who do we share your Personal Data with?

 

We will not share your information with anyone outside the Firm except:

 

- Where we have your permission;

- With clients to whom we are acting on behalf of (for example where we are acting on behalf of a client and you are the tenant/ leaseholder);

- Where required for your service (for example for planning application submissions);

- Where we are required by law and law enforcement agencies, judicial bodies, government entities or regulatory bodies (for example The Royal Institution of Chartered Surveyors (RICS));

- With 3rd parties providing services to us such as agents and sub-contractors acting on our behalf, such as the companies we use to put up marketing boards, utility brokers, site contractors;

- With debt collection agencies, solicitors;

- Where permitted by law, it is necessary for our legitimate interests of those of a 3rd party, and it is not inconsistent with the purposes listed above.

 

Graham + Sibbald will not share your information for marketing purposes outside the Firm.

 

Where we use any contractor to process your personal data, we ensure that they have entered into a binding legal contract with us ensuring that they will only process your data on our written instruction and in accordance with appropriate security provisions.

 

If you ask us to, we will share your personal information with any 3rd party on the basis you provide us with permission to do so. Please note, we're not responsible for any such 3rd party's use of your personal information, which will be governed by their agreement with you and any privacy statement they provide to you.

 

The personal data held is stored and processed within the United Kingdom. In the event that we transfer information to countries out with the EU, we will only do so where:

 

- You ask us to

- It is required to provide the services that you have instructed us to provide

- We need to do so in order to comply with a legal duty incumbent on us or you

 

If you information is to be processed outside the EEA, then we will ensure that it is protected to the same standards as if it were being processed within the EEA by using appropriate safeguards which may include:

 

- Ensuring your information is only transferred to countries that have been recognised by the EU as having the same standards as the EU in protecting personal data;

- Putting in place a contact with the organisation with which we are sharing your information (on terms approved by the European Commission) to ensure your information is adequately protected.

 

Security

 

We are committed to ensuring that your information is secure with us and the 3rd parties who act on our behalf. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we process. Periodic checks are undertaken to ensure that our security measures remain appropriate and up to date.

 

Marketing

 

Unless you have told us that you do not want to hear from us, we will send you relevant information about services of ours which we believe may be of interest to you, by mail, email and other forms of electronic communication.

 

If you have consented to receive marketing and change your mind and no longer wish to receive this information, you can tell us at any time by, contacting our Marketing department, details below:

Email - enquiries@g-s.co.uk

Address - Graham + Sibbald, Marketing Department, 40 Torphichen Street, Edinburgh, EH3 8JB

Telephone - 0131 225 1559

 

We will still use your contact details to contact you in relation to the service that we are providing you.

 

Our Website

 

Cookies

 

Cookies are text files placed on your computer to collect standard internet log + visitor behaviours information. This information is used to track visitor use of our website and to compile statistical reports on website activity allowing us to improve and tailor it to customers' needs.

 

For further information visit www.aboutcookies.org.uk OR www.allaboutcookies.org

 

You can choose to accept or decline cookies and the above websites will tell you how to remove the cookies from your browser. However, in a few cases some of our website features may not function as a result.

 

Other websites

 

Our website may contain links to other websites of interest. This privacy policy only applies to our website so when you link to other websites you should exercise caution and read the privacy statement to the website in question.

 

How long we keep your Personal Data?

 

We will keep your personal data for:

 

- as long as you are a client and for a minimum of 7 years after you cease to be a client OR in line with our client requirements

 

After this time, it will be securely destroyed if it is no longer required for the purpose it was obtained.

 

We will retain contact information to send you information about our services but you have the right to ask us not to process your data for this purpose and to ask us to stop sending you this information by contacting our Marketing department, details above.

 

Retention periods may be changed from time to time based on business or legal and regulatory requirements.

 

We may on exception retain your information for longer periods, particularly where we need to withhold destruction or disposal based on an order from the courts or an investigation by law enforcement agencies or our regulators. This is intended to make sure that the Firm will be able to produce records as evidence if they're needed.

 

Your rights

 

We want to make sure you are aware of your rights in relation to the personal information we process about you. We have described those rights and the circumstances in which they apply below.

 

Right of Erasure - You have the right to request that we delete your personal information

 

You may request that we delete your personal information if you believe that:

 

  • we no longer need to process your information for the purposes for which it was provided;
  • we have requested your permission to process your personal information and you wish to withdraw your consent; or
  • we are not using your information in a lawful manner

 

Please note that if you request us to delete your information, we may have to suspend the service(s) we provide to you.

 

Rectification - You have the right to request us to amend any inaccurate data

 

You have the right to rectification and for any inaccurate data to be amended. Requests should be made verbally or in writing to our Data Protection Officer.

 

Restriction - You have the right to request us to restrict the processing of your personal information

 

You may request us to restrict processing your personal information if you believe that:

 

  • any of the information that we hold about you is inaccurate;
  • we no longer need to process your information for the purposes it was provided;
  • we are not using your information in a lawful manner

 

Please note if you request us to restrict processing your information, we may have to suspend the service(s) we provide to you.

 

Portability - You have a right to data portability

 

Where we have requested your permission to process your personal information or you have provided us with information for the purposes of entering into a contract with us, you have a right to receive the personal information you provided us in a portable format. Otherwise known as a 'Subject Access Request (SAR), if you would like to request the personal information you provided to us in a portable format, please contact our Data Protection Officer. We may make a small charge for this service.

 

Objection - You have a right to object to the processing of your personal information

 

You have a right to object to us processing your personal information (and to request us to restrict processing) unless we can demonstrate compelling and legitimate or legal grounds for the processing, which may override your own interests or where we need to process your information to investigate and protect us or others from legal claims.

 

Depending on the circumstances, we may need to cease processing your personal information altogether, or where requested, delete your information. Please note that if you object to us processing your information, we may have to suspend the service(s) we provide to you.

 

Marketing - You have the right to object to direct marketing

 

You have the right to object at any time to processing of your personal information for direct marketing purposes. For more information please refer to section on 'Marketing' above.

 

Withdraw consent - You have a right to withdraw your consent

 

Where we rely on your permission to process your personal information, you have a right to withdraw your consent at any time. We will always make it clear where we need your permission to undertake specific processing activities.

 

How to contact us

 

We are committed to ensuring that your personal data is processed lawfully, fairly and securely. If you have any questions about our fair processing notice, the information we hold about you or concerns about our notice or the way in which we process your data please contact us:

 

  • By email data.controller@g-s.co.uk
  • Or write to Data Protection Officer, Graham + Sibbald, 40 Torphichen Street, Edinburgh, EH3 8JB

 

If you remain unsatisfied you can contact the Information Commissioner's Office at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 0303 123 1113

www.ico.org.uk