Property Investment, development and management

1 Overview

1.1 The Company takes the security and privacy of your data seriously. We need to gather and use information or ‘data’ about you to consider whether to enter into a relationship with you. We intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. We have a duty to notify you of the information contained in this policy.

1.2 The Company has separate policies and privacy notices in place in respect of prospective, current and former employees, workers and consultants; customers and other categories of data subject. A copy of these can be obtained from the Data Protection Manager

1.3 This policy applies to prospective employees, workers, volunteers, apprentices and consultants. If you fall into one of these categories, then you are a ‘data subject’ for the purposes of this policy.

1.4 The Company has measures in place to protect the security of your data in accordance with our Data Security Policy. A copy of this can be obtained from the Data Protection Manager

1.5 The company will hold data in accordance with our Data Retention Policy. A copy of this can be obtained from the Data Protection Manager. We will only hold data for as long as necessary for the purposes for which we collected it.

1.6 The Company is a ‘data controller’ for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data.

1.7 This policy explains how the Company will hold and process your information. It explains your rights as a data subject.

1.8 This policy will not form part of your contract of employment (or contract for services) and can be amended by the Company at any time. It is intended that this policy is fully compliant with the 2018 Act and the GDPR. If any conflict arises between those laws and this policy, the Company intends to comply with the 2018 Act and the GDPR.

2 Data Protection Principles

2.1 Personal data must be processed in accordance with six ‘Data Protection Principles.’ It must:

• be processed fairly, lawfully and transparently;
• be collected and processed only for specified, explicit and legitimate purposes;
• be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
• be accurate and kept up to date. Any inaccurate data must be deleted or rectified without delay;
• not be kept for longer than is necessary for the purposes for which it is processed; and
• be processed securely.

We are accountable for these principles and must be able to show that we are compliant.

3 How we define personal data

3.1 ‘Personal data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.

3.2 This policy applies to all personal data whether it is stored electronically, on paper or on other materials.

3.3 This personal data might be provided to us by you, or someone else (such as a former employer, your doctor, or a credit reference agency), or it could be created by us.

3.4 We will collect and use the following types of personal data about you:

A* personal details, including name, contact details (phone, email, postal);
B* your application form and associated information submitted by you at that time;
C other data relating to your recruitment (including references we take up as part of the recruitment
process, any pre-employment assessment of you, and any assessment of you at an informal
or formal interview);
D any occupational health assessments and/or medical information you have provided, and
related work requirements
E* evidence of your right to work in the UK (e.g. copies of your passport);
F* information relating to your age, nationality, gender.
G any correspondence relating to the outcome of the recruitment process (either successful
or unsuccessful).
Those marked with an * relate to information provided by you. Other data and information is generated by us or, where self-evident, provided by a third party.

3.5 We will not access personal data about you from social media sites, unless there is a legitimate interest for us to do so (with the). Consequently, we do not routinely screen applicants’ social media profiles but, if aspects of your social media profile are brought to our attention and give rise to concerns about your suitability for the role in question, we may need to consider them. Our social media guidelines for staff are available here.

3.6 For certain posts, we may use the Disclosure and Barring Services (DBS) and Disclosure Scotland to help assess your suitability for certain positions of trust. If this is the case, we will make this clear to you in separate correspondence. Certificate and status check information is only used for this specific purpose, and we comply fully with the DBS code of Practice regarding the correct use, handling, storage, retention and destruction of certificates and certificate information. We recognise that it is a criminal offence to pass this information on to anyone who is not entitled to receive it.

4 How we define special categories of personal data

4.1 ‘Special categories of personal data’ are types of personal data consisting of information as to:

• your racial or ethnic origin;
• your political opinions;
• your religious or philosophical beliefs;
• your trade union membership;
• your genetic or biometric data;
• your health;
• your sex life and sexual orientation; and
• any criminal convictions and offences.

We may hold and use any of these special categories of your personal data in accordance with the law.

5 How we define processing

5.1 ‘Processing’ means any operation which is performed on personal data such as:
• collection, recording, organisation, structuring or storage;
• adaption or alteration;
• retrieval, consultation or use;
• disclosure by transmission, dissemination or otherwise making available;
• alignment or combination; and
• restriction, destruction or erasure.

This includes processing personal data which forms part of a filing system and any automated processing.

6 How will we process your personal data?

6.1 The Company will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.

6.2 We will use your personal data for:
• Considering whether to enter into a contract with you ;
• Complying with any legal obligation; or
• Considering if it is necessary for our legitimate interests (or for the legitimate interests of someone else). However, we can only do this if your interests and rights do not override ours (or theirs). You have the right to challenge our legitimate interests and request that we stop this processing. See details of your rights in section 12 below.

We can process your personal data for these purposes without your knowledge or consent. We will not use your personal data for an unrelated purpose without telling you about it and the legal basis that we intend to rely on for processing it.

If you choose not to provide us with certain personal data, you should be aware that we may not be able to enter into a contract.

7 Examples of when we might process your personal data

7.1 We have to process your personal data in various situations during your recruitment, employment (or engagement) and even following termination of your employment (or engagement).

7.2 For example (and see section 7.6 below for the meaning of the asterisks):
• to decide whether to employ (or engage) you;
• to decide how much to pay you, and the other terms of your contract with us;
• to check you have the legal right to work for us;
• to determine whether we need to make reasonable adjustments to your workplace or role because of your disability*;
• to monitor diversity and equal opportunities*;
• to monitor and protect the security (including network security) of the Company, of you, our other staff, customers and others;
• to monitor and protect the health and safety of you, our other staff, customers and third parties*;
• to comply with employment law, immigration law, health and safety law, tax law and other laws which affect us*;
• running our business and planning for the future;
• the prevention and detection of fraud or other criminal offences;
• to defend the Company in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure*;

or any other reason which we may notify you of from time to time.

7.3 We will only process special categories of your personal data (see above) in certain situations in accordance with the law. For example, we can do so if we have your explicit consent. If we asked for your consent to process a special category of personal data, then we would explain the reasons for our request. You do not need to consent and can withdraw consent later if you choose by contacting the Data Protection Manager

7.4 We do not need your consent to process special categories of your personal data when we are processing it for the following purposes, which we may do:
• where it is necessary to protect your vital interests or those of another person where you/they are physically or legally incapable of giving consent;
• where you have made the data public;
• where processing is necessary for the establishment, exercise or defence of legal claims; and
• where processing is necessary for the purposes of occupational medicine or for the assessment of your working capacity.

7.5 We might process special categories of your personal data for the purposes in paragraph 7.2 above which have an asterisk beside them. In particular, we will use information in relation to:
• your race, ethnic origin, religion, sexual orientation or gender to monitor equal opportunities;

7.6 We do not take automated decisions about you using your personal data or use profiling in relation to you.

8 Sharing your personal data

8.1 Sometimes we might share your personal data with group companies or our contractors and agents to carry out our obligations under our contract with you or for our legitimate interests.

8.2 We require those companies to keep your personal data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions.

8.3 We do not send your personal data outside the European Economic Area. If this changes you will be notified of this and the protections which are in place to protect the security of your data will be explained.

9 How to deal with data breaches

9.1 We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals, then we must also notify the Information Commissioner’s Office within 72 hours.

9.2 If you are aware of a data breach you must contact the Data Protection Manager immediately and keep any evidence you have in relation to the breach.

10 Subject access requests

10.1 Data subjects can make a ‘subject access request’ (‘SAR’) to find out the information we hold about them. This request must be made in writing. If you receive such a request, you should forward it immediately to the Data Protection Manager who will coordinate a response.

10.2 If you would like to make a SAR in relation to your own personal data, you should make this in writing to the Data Protection Manager. We must respond within one month unless the request is complex or numerous in which case the period in which we must respond can be extended by a further two months.

10.3 There is no fee for making a SAR. However, if your request is manifestly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to your request.

11 Your data subject rights

11.1 You have the right to information about what personal data we process, how and on what basis as set out in this policy.

11.2 You have the right to access your own personal data by way of a subject access request (see above).

11.3 You can correct any inaccuracies in your personal data. To do you should contact the Data Protection Manager

11.4 You have the right to request that we erase your personal data where we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected. To do so you should contact the Data Protection Manager

11.5 While you are requesting that your personal data is corrected or erased or are contesting the lawfulness of our processing, you can apply for its use to be restricted while the application is made. To do so you should contact the Data Protection Manager

11.6 You have the right to object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop.

11.7 You have the right to object if we process your personal data for the purposes of direct marketing.

11.8 You have the right to receive a copy of your personal data and to transfer your personal data to another data controller. We will not charge for this and will in most cases aim to do this within one month.

11.9 With some exceptions, you have the right not to be subjected to automated decision-making.

11.10 You have the right to be notified of a data security breach concerning your personal data.

11.11 In most situations we will not rely on your consent as a lawful ground to process your data. If we do however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later. To withdraw your consent, you should contact the Data Protection Manager

11.12 You have the right to complain to the Information Commissioner. You can do this be contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website ( This website has further information on your rights and our obligations.