Privacy Policy

Introduction

At Property Enquiry Certificates Scotland (PECS+), we are committed to protecting the privacy and security of your information. This Policy sets out the basis on which any personal data we collect from you, that you provide to us or that we obtain from other sources, will be processed i.e. how we use it, how long we keep it for and how we get rid of it, so that you can be confident in submitting data when dealing with us. We’ll keep this page updated to show you what we do with your personal data. This policy applies to you if you visit our website, use any of our services, email us, contact us or visit or premises. We will never sell your personal data and we will only share it with other organisations we work with to deliver the services we provide where they have shown they’ll respect your privacy and security.

Who are We?

This privacy notice is issued on behalf of the Property Enquiry Certificates Scotland (PECS+) so when we mention “Property Enquiry Certificates Scotland”, “PECS+”, “we”, “us”, or “our” in this privacy notice, we are referring to Property Enquiry Certificates Scotland Ltd. Property Enquiry Certificates Scotland Ltd is a limited company, registered in Scotland with Company Number SC552153 and is the controller and responsible for your personal data. Our registered office is 12 Carron Place, East Kilbride G75 0YL.

What personal data do we collect?

Personal data, or personal information, is any data which may identify you, or be identified as relating to you. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer the following information:

  • Personal details include name, title and address including postcode, email and telephone numbers.
  • Financial and Transaction details include payment card details, bank name, bank address, bank account no and sort code, details about payments from and to you and other details of products and services you have purchased from us. What we may learn about you from letters, emails and conversations between us.
  • Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password and purchases or orders made by you
  • Usage Data includes information about how you use our website, products and services.
  • We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
  • We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Where do we collect personal data from?

We use different methods to collect data from and about you including:

  • Directly from you – You may give us your Identity, Contact, Transaction, Profile and Financial Data by filling in forms, using our services or by corresponding with us by post, phone, email, meetings or otherwise. This includes personal data you provide when you apply for our products or services, including placing an order via the Online Order Centre, create an account on our website or complete our contact form on our website.
  • Directly from you about other persons – Where you have provided personal data about another person (e.g. where you, as part of a business transaction, have provided us with the name and address of one of your customers who require one of our products or services (e.g. Legal Report)), we need to process such personal data in order to provide these products and/or services to that person(s). By providing such information, you confirm that you have obtained their consent or are otherwise lawfully permitted to share their information with us.
  • Automated technologies or interactions – As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies.
  • Third parties or publicly available sources – We may receive personal data about you from various third parties including, e.g. business partners, sub-contractors, analytic providers, hosting providers and search information providers, and publicly available sources such as Registers of Scotland, Companies House, Register of Inhibitions, local authority records and other public sources.

How do we use your personal data?

We will only use your combined personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Purposes for Which We Will Use Your Personal Data

Please refer to the following table where a description of all the ways we plan to use your personal data, and the lawful basis on which we rely on to do so. Please note that we may process your personal data on more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of Data Lawful Basis for Processing
To register you as a new customer Identity and Contact Performance of a Contract with you
To process and deliver your order or otherwise to provide services to you (including managing payments and collecting money owed to us) Identity, Contact, Financial and Transaction Performance of a contract with you and Necessary for our legitimate interests (to recover debts due to us)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) Identity, Contact, Usage, Marketing and Communications and Technical Necessary for our Legitimate Interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or business sale)
To manage our relationship with you (including notifying you about changes to our terms or privacy policy) Identity, Contact and Marketing and Communications Performance of a Contract with you and Necessary for our Legitimate Interests (to keep our records updated and to study how customers use our products and services)
To use data analytics to improve our website, products and services, marketing, customer relationships and experiences Marketing and Communications, Technical and Usage Necessary for our Legitimate Interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you Identity, Contact, Usage, Marketing and Communications and Technical Necessary for our Legitimate Interests to develop our business and develop our business)

Legitimate Interest – means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us Performance of Contract – means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Comply with a legal or regulatory obligation – means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Opting out

You can ask us (or third parties) to stop sending you marketing messages at any time. Where you opt out of receiving these marketing messages, this will not apply to personal information provided to us as a result of a Service purchase or other transaction.

Cookies

Our website uses cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a better experience when you browse our website and also allows us to improve our site. The cookies we use are:

  • Strictly necessary cookies – These are required for the operation of our website. You must accept these essential cookies to be able to make use of our online systems.
  • Analytical cookies – These allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example by ensuring that users are finding what they are looking for easily.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. However, if you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access all or parts of our site.

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosure of your Personal Data

We may have to share your personal data with the parties set out below for the purposes set out in the table above.

  • Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, legal, insurance and accounting services.
  • Regulators and other authorities to whom we are required to report in certain circumstances.
  • Business partners and third-party service providers are required to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

International Transfers

The data that we collect from or about you will be stored in (and will not be transferred out of) the European Economic Area (EEA).

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

Request access to your personal data

(commonly known as a “subject access request“). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Before providing data to you, we will ask for proof of identity and sufficient information about your interaction with us so that we can locate any relevant data.

Request correction of the personal data that we hold about you

This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data

This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Please note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest

There may be something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data

This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party

We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data

However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

How to contact us

We have appointed a Data Privacy Manager who is responsible for overseeing questions in relation to this privacy notice. If you wish to exercise any of the rights set out above or have any questions or concerns about this Policy, please note that you can contact us by using the following options:

  • Email – mamcgleish@pecsplus.co.uk
  • Telephone – 033 022 32321
  • Address – Property Enquiry Certificates Scotland Ltd, Atrium Business Centre, North Caldeen Road, Coatbridge, ML5 4EF

What to do if you’re not happy

You have the right to make a complaint at any time to the Information Commissioners Office (ICO) at https://ico.org.uk. However, please contact us in the first instance if you feel unhappy regarding any issues around the use of your personal data. We would welcome the opportunity to resolve any query or problem you may have.

Third Party Links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites, plug-ins and applications and we are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Changes to the Privacy Policy and Your Duty to Inform us of Changes

We will amend this policy from time to time, ensuring that it stays up-to-date. Please check our website periodically to keep up with any changes we make as the most up-to-date version will be posted there. This privacy notice was last updated on 25 May 2018. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.