CURRAN & CO PROPERTY LIMITED
PRIVACY POLICY
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Curran & Co Property Limited understands that your privacy is important to you and you care about how your personal data is use. We will only collect and use personal data in the ways described here and in a way that is consistent with our obligations and your rights under the law.
We are committed to collecting and using such Data fairly and in accordance with the requirements of Applicable Data Protection Legislation. This Privacy Notice became effective on 20th May 2018.
In this privacy notice, the terms ‘we, us, our and ‘the company’ refer to Curran & Co Property Limited trading as Curran & Co Property.
Curran & Co Property Limited, trading as Curran & Co Property, is a company registered in Edinburgh under number SC705500, whose registered office is at 10 Polwarth Terrace, Edinburgh, EH11 1ND. Our trading premises are located at 33 Roseburn Terrace, Edinburgh, EH12 5NQ.
Our data protection officer is Blair Ross, who can be contacted via email (blair@curranandcoproperty.co.uk), telephone (0131 259 9177) or by post (33 Roseburn Terrace, Edinburgh, EH12 5NQ).
This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.
Under the Data Protection Legislation, you have the right details below:
Right to be informed
This Notice informs you about the collection and use of your personal information.
Right to Access
You have a right to request access to the personal information that we hold about you by making a “Subject Access Request” in terms of the Data Protection Legislation. If you believe that any of your personal information we hold is incomplete, you have a right to request that we correct it or complete that personal information. If you wish to delete the personal information that we hold about you that is done under a Right of Erasure and you may request that we do so but only in certain circumstances. You also have a right to restrict the processing of your personal information that we hold about you for specific purposes. We may only use the information we have received for that specific purpose.
Right to Object
You have a right to object to us processing your personal information in certain circumstances.
Right to Obtain and Re-use
You have a right to obtain and re-use your personal information, again only in certain circumstances.
Identity & Contact Data
The personal data that we collect from you allows us to verify your identity. In every case we require the following personal data: title; full name; home address; date of birth; gender; contact details (including phone number/s and email address/s); country of residence; marital status; national insurance number; driving license and/or passport data; details of your occupation and source of income and whether you are (or you are related to) a politically exposed person. Verification of your identity is necessary as per our compliance with Anti-Money Laundering and Anti Money Laundering risk assessment processes.
Financial & Financial Transaction Data
Funds received by us may be by Bank Transfer only. This information would be used by us to reimburse you for any overpayment of outlays and to verify that payment of source of funds as per our Anti Money Laundering obligations. Details of transactions made between you and the company will be collected (date, amount, etc.) to allow us to proceed with work accordingly.
Public Records and Other Information Open to the Public
We may collect from public sources information regarding you. These may be in relation to Searches carried out in the Land Register, Companies House and information from the Courts or Royal Mail. We may also obtain information from Credit Agencies.
Appointment Records
This includes communications the company makes with you via telephone, email and written correspondence logged on file notes. This is in line with the estate agency service that we provide to you, and to allow us to monitor and improve our service and/procedures.
We do not hold any ‘special category’ or ‘sensitive’ personal data on you. This includes data on race, ethnicity, religious beliefs, sex life, sexual orientation, political opinions, trade union, or health information. We do not collect or hold data children or criminal convictions.
We collect Personal data directly by communication with us in person, via telephone, via email and via written correspondence by:
Instructing us as your agent or applying to use one of our services
Visiting our office
Contacting us via telephone, email, post or through our website and social media
Providing us with feedback on our service or a property we are advertising
We may also obtain your personal data from third party and public sources including but not limited to:
Referral from accountants, financial advisors, solicitors or others acting on your behalf
Electoral Register, Companies House and Land Registry
Property advertising portals including (but not limited to) s1 Homes, Zoopla, Rightmove
Banking portals such as our HSBC digital banking service
To respond you and communicate with you or other persons in relation to your instructions, needs or concerns.
To comply with our legal obligations to prevent financial crime including money laundering under the Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, we will use personal data including name, address, date of birth, country of residence, personal identification (which may include Passport number or driving licence number), details of your occupation and information about your status as or your relationship and association with a politically exposed person.
We will give personal information to and receive personal information from third parties where that is necessary to meet our legal obligations, including credit reference agencies, fraud prevention agencies, the police and other law enforcement and government agencies and regulators.
We will use the personal information described above in a system called Credas to verify the identity of individuals (see credas.co.uk/privacy-policy/) This does not affect individual’s credit history or rating.
We will process personal information of individuals who are not our client, but have a relationship with our client as described above.
We will obtain such personal information from the sources described above, which will include the same categories of information described above.
We will use contact details provided by our clients and information on the services clients have used to assess what services would be most beneficial to them. For example, where we hold a client’s Will, we will use the date of the last Will review, and write to the client to advise them to consider updating their Will around five years after the last review date.
We will accept payment of outlays by bank transfer only, as per our Terms of Engagement and Agent Appointment Form.
Our websites may, from time to time, contain links to and from other websites operated by third parties. These are provided for your information and convenience only. If you follow a like to any of these websites, please note that these websites have their own privacy policies and that we do not accept responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.
We only use your personal information where that is permitted by the applicable data protection legislation. We only use personal information where:-
Where we have your consent you have the right to withdraw it at any time.
It can be required for us to share your personal data with third parties in the following circumstances:
Buyers, sellers, property search agents. In order to fulfil our obligation and service to you, we may share your personal information with current or prospective buyers, sellers and property search agents (and their respective advisors) in relation to any potential property sale. If any of these third parties is a business, then they will become a data controller of the information we provide, and their own privacy policies will apply.
Our business partners, suppliers, and subcontractors. We may provide your personal information to our business partners, suppliers and subcontractors who are providing services to us, or where necessary to provide a service you have requested.
Surveyors and surveying companies. We may provide your personal information to surveyors in order that they can assist in the transaction of selling or purchasing your property.
HMRC, regulators and other authorities. We may provide your personal information to HMRC, regulators and other authorities to whom we owe a legal duty to provide information.
Estate agents, financial advisers, bankers, mortgage broker, solicitors, and other professional advisors. We may provide your personal information to estate agents, financial advisors, bankers, mortgage broker, solicitors and other professional advisors who are involved in the transaction of selling or purchasing your property.
In any circumstance where we share your personal data, we will all available precautions 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.
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.
We will protect your personal information in order to prevent unauthorised access to, or use or disclosure of, your personal information through a number of organisational and technical security measures. Your personal information is stored on our systems to which access is both physically and electronically controlled.
Our Staff receive data protection training and we have detailed data protection and information security procedures in place.
We will store your personal data for as long as is required to comply with our obligations set out above and in our Terms of Engagement, including for the purpose of satisfying any legal, accounting or reporting requirements.
These periods vary depending on the nature of the information. We have to keep certain personal data by law after they cease being customers for legal and tax purposes.
In some circumstances we may anonymise your personal data for research or statistical reasons in which we may use this data indefinitely without further notice to you.
Please see section ‘4. Your rights’ of this notice for details of your rights in relation to accessing the personal data we hold on you. If you would like to submit a Subject Access Request, this can be done by contacting our Data Protection Officer in writing, the details of whom can be found in section ‘2. Information about us’.
In most cases, there is no charge for a Subject Access Request. However, if your request is ‘excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs. We will respond to your subject access request within 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.
