Privacy Policy

We respect your privacy and are committed to protecting your personal data. This privacy 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 by us. This includes personal data we use in connection with:

• use of our websites.
• sale and provision of our products and services;
• any of our services when you call or otherwise contact us; and
• the provision of our newsletters and updates.

Jump to Section

• IMPORTANT INFORMATION
• THE DATA WE COLLECT ABOUT YOU
• IF YOU FAIL TO PROVIDE PERSONAL DATA 
• HOW IS YOUR PERSONAL DATA COLLECTED?
• HOW WE USE YOUR PERSONAL DATA
• MARKETING
• COOKIES
• LINKS ON OUR WEBSITES
• CHANGE OF PURPOSE
• DISCLOSURES OF YOUR PERSONAL DATA
• INTERNATIONAL TRANSFERS
• DATA SECURITY
• DATA RETENTION
• YOUR LEGAL RIGHTS
• CONTACT US AND COMPLAINTS

1. Important information

Millar & Bryce Limited (“we”, “us” or “our”) is a company incorporated in Scotland with company number SC134475. Our registered office is First Floor, East Wing, Lochside House, 3 Lochside Way, Edinburgh, Scotland, EH12 9DT

Millar & Bryce’s websites are not intended for children, and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

We keep our privacy policy under regular review. This version was last updated on 8th March 2024.

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.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, username or similar identifier, marital status, title and photographs.
• Contact Data includes postal address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us (including the names and addresses of properties which you have ordered searches against).
• Technical Data includes internet protocol (IP) address, your login data, 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, purchases, orders or searches made by you, your preferences, feedback and survey responses.
• Usage Data includes information about how you use our websites, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose (“Aggregated Data“). Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your or your customer or client’s identity. For example, we may aggregate Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with personal data so that it can directly or indirectly identify you or any other individual, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not actively collect any Special Categories of Personal Data about you or your clients or customers (this includes details about race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. However, we may receive certain special categories of personal data in limited circumstances, for example, when you include such information in your CV which you send to us when you make contact with us about employment opportunities with us.

3. If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

4. How is your personal data collected?

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

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • order our products or services;
  • create an account on any of our websites;
  • request marketing to be sent to you;
  • complete a survey;
  • submit an enquiry, give us feedback or contact us.
• Automated technologies or interactions. As you interact with our websites, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
• Third parties or publicly available sources. We work closely with third parties (including, for example, business partners, sub-contractors, advertising networks, analytics providers, event coordinators, hosting providers and search information providers) from whom we may also receive information about you.
• Information about other people that you provide us with. Where you have provided personal data about another person (for example, where you are a business customer and you provide us with the name and address of one of your customers who require one of our products or services (such as a search report)), we need to process such personal data in order to provide these products and / or services to the other person or people. By providing such information, you confirm that you have informed such third parties of our use of their information and that you have obtained their consent or are otherwise lawfully permitted to share their information with us.

5. How we use your personal data

We will only use your personal data when the law allows us to. The types of lawful basis for processing personal data that we rely on are:

• 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 (such as a sales contract to supply you with conveyancing products).
• 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.
• Consent means agreement which must be freely given, specific, informed and be an unambiguous indication of your wishes by which you, by a statement or by a clear positive action, signify agreement to the processing of personal data relating to you.
• 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.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground 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.

6. Marketing

We may use your personal data to contact you about products or services we believe may be of interest to you. We may also contact you about your businesses’ products or services if you are a potential supplier or existing supplier.

We may use external marketing agents to help us with such marketing communications. The legal basis on which we and/or our companies within our Group process personal data for marketing purposes is our respective legitimate interest to develop and market Group products and services and grow business.

You can ask us to stop sending you marketing communications at any time by contacting us at 0131 556 1313 or marketing@millar-bryce.com or, where relevant, by following the unsubscribe link in any marketing communication you receive from us. Where you opt out of receiving these marketing communications, this will not apply to personal data provided to us as a result of a product or service purchase or other transaction.

7. Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookies policy.

8. Links on our websites

Our websites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that you have left our website and these websites have their own privacy policies. We do not accept any responsibility or liability for these policies or websites. Please check these policies before submitting any personal data to these websites.

9. 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.

10. Disclosures of your personal data

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

• Internal Third Parties. Your personal data may be shared with other companies within our Group (who are based in the United Kingdom).

• External Third Parties, including:
  • Third parties who provide services to us –  such as service providers who provide IT and system administration services (such as hosting service providers, payment service providers, cloud based email and CRM system providers) or who provide services which allow us to operate specific parts of our business, for example in relation to carrying out identity verification and anti-money-laundering checks; professional advisors including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, legal, banking, accounting and insurance services; marketing and public relations agencies; or HM Revenue & Customs, regulators or their authorities based in the United Kingdom who require reporting of processing in certain activities;
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or 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 policy.

11. International transfers

We do not process your personal data in any country outside the United Kingdom (UK).

However, certain third parties are based outside of the UK, so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK.
• Where we use certain service providers, we may use specific contracts approved by the UK which give personal data the same protection it has in UK.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

12. 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.

13. Data retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

We will generally retain our customers’ data for a period of 7 (seven) years after a contract has ended, to ensure that we are able to assist you should you have any questions or feedback in relation to our products or services or to protect, or to defend our legal rights, or for tax purposes.

Where personal data belonging to another person is provided to us by a customer (for example, a business customer) and that personal data is processed via our website, the individual in question should refer to the relevant customer’s retention policy. The individual should also refer to the ‘YOUR LEGAL RIGHTS’ section below, such rights apply to all data subjects. Subject to the individual exercising his/her rights with the relevant customer, we store the customer’s data, which may include the individual’s personal data, in accordance with this section and the relevant customer’s instructions.

Where we have processed your personal data to provide you with marketing communications with consent, we may contact you at least every 12 (twelve) months to ensure you are happy to continue receiving such communications. If you tell us that you no longer wish to receive such communications, your personal data will be removed from our marketing lists (but will be added to a “do not contact” list).

Where we have processed your data for any other reason (such as where you have contacted us with a question in connection with services or in relation to recruitment), we will retain your data for 12 (twelve) months.

In some circumstances, you can ask us to delete your data; please see ‘YOUR LEGAL RIGHTS‘ for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

14. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are detailed below:

• Request access to your personal data (commonly known as a “data 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.
• 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. 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 (or those of a third party) and there is 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. 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.

If you wish to exercise any of the rights set out above, please contact us directly (please see the ‘CONTACT US AND COMPLAINTS’ section).

• 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.

15. Contact us and complaints

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.

Email address for our Data Protection Officer: seniorcomplianceofficer@landmark.co.uk

Postal address for us: 5-7 Abbey Court, Eagle Way, Sowton Industrial Estate, Exeter, EX2 7HY

Telephone number: 03300 366 000

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.