How we collect and use your personal data
The Firm collects this data in a variety of ways. For example, from information you give us, from your solicitor, other factors or a housebuilder/property developer.
We may process information relating to you as our customer (‘transaction data’). The transaction data may include your name, addresses (including email), card/bank details, payment history, correspondence, telephone details and reference numbers. The transaction data may be processed for the purpose of supplying the service of Property Factoring, and keeping records of those transactions. The legal basis for this processing is that it is in both Hacking & Paterson Management Services’ and our customers’ legitimate interests, namely the proper administration of our Property Factoring relationship.
In addition to the specific purposes for which we may process your personal data as set out above, we may also process any of your personal data for compliance with legal obligations to which we are subject, including Money Laundering Regulations and the Property Factors Act.
If you require to provide us with personal information about a third party, you should only do so after any required consents to this disclosure have been obtained from that third party as that personal data may thereafter be used or stored by us. It is your responsibility to ensure that you comply with the relevant sections of the General Data Protection Regulation (GDPR) and any other legislation applicable to the information in question.
Providing your personal data to others
We may disclose your personal data to our parent company Hacking & Paterson insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
We may disclose your personal data to our professional advisers insofar as reasonably necessary for the purposes of managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. We may also share data with debt recovery agents and our IT providers/consultants (software and hardware).
We may disclose your name, address, reference number and contact details to suppliers/contractors employed on your behalf insofar as reasonably necessary to arrange deliveries/services/repairs at your property.
Financial transactions relating to our customers are handled by our payment services providers, Bottomline Technologies, Sagepay and Adelante. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices on their websites.
The Firm may also share your data with third parties in the context of a sale of some or all of its business. In those circumstances the data will be subject to confidentiality arrangements.
In addition to the specific disclosures of personal data set out above we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
Retaining and deleting personal data
Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. We may retain your personal data where such retention is necessary for compliance with a legal or regulatory obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person, and for routine back-up purposes in the ordinary course of business.
The firm takes the security of its data seriously. We use restrictions to limit access to sensitive data, for example bank account details, to those who need to process that data. Where we still have paper records with such information, they are kept in locked facilities, again with restricted access.
Our system is regularly scanned for vulnerabilities by our IT consultants. Other data protection practices include a clear data security policy, document shredding, data encryption/redaction, and security measures such as multi-factor authentication for data transfers.
In this section, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you object to the processing under certain rules of applicable data protection law; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal or regulatory obligation; or for the establishment, exercise or defence of legal claims.
In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with the Information Commissioner’s Office.
You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this section.
We may amend this notice from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this notice. We may notify you of changes to this notice via our invoices.
This website is owned by Hacking & Paterson Management Services. We are registered in Scotland under registration number SC073599, and our registered office is at 1 Newton Terrace, Glasgow, G3 7PL.