Privacy Notice

Neilsons Solicitors is law firm and provides legal advice and assistance to its clients. It is regulated by the Law Society of Scotland.

Neilsons Solicitors offer various legal and Estate Agency services to the public.

We use some legitimate third parties to assist you with your service e.g. surveyors, professional photographers, For Sale board companies and professional bodies like Registers of Scotland, the Scottish Court System and others but they are only allowed to use the information in line to complete your service for the intended purposes.

We have to hold the details of the people who have requested the service in order to provide it. However, we only use these details to provide the service the person has requested and for other closely related purposes. When people do subscribe to other general updates e.g. our mailing list, they can cancel their subscription at any time and are given an easy way of doing this.

There are different legal bases that we rely on to use your personal information, namely these are:

Performance of a contract

The processing is necessary for a contract you have with us, or because you have asked us to take specific steps before entering into a contract.

Legal obligation

The processing is necessary for you and us to comply with the law (not including contractual obligations).

Legitimate interests

The processing is necessary for your or our legitimate interests.

Neilsons complies with the data protection principles set out below. When processing personal data, we ensure that:

• it is processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’)
• it is collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’)
• it is all adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’)
• it is all accurate and, where necessary, kept up to date and that reasonable steps will be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)
• it is kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed (‘storage limitation’)
• it is processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’)

Neilsons Solicitors will facilitate any request from a data subject who wishes to exercise their rights under data protection law as appropriate, always communicating in a concise, transparent, intelligible and easily accessible form and without undue delay.

When someone visits our SSL protected website www.neilsons.co.uk we use a third-party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information and will explain what we intend to do with it.

We use a third-party service, WordPress.com, to publish our website and our blog. These sites are hosted at WordPress.com, which is run by Automattic Inc. We use a standard WordPress service to collect anonymous information about users’ activity on the site, for example the number of users viewing pages on the site, to monitor and report on the effectiveness of the site and help us improve it. For more information about how WordPress processes data, please see Automattic’s privacy notice.

Our website is maintained and managed by Jenna Spence, Operations Director at the firm and our web developer ESPC Design. We endeavor to ensure our website is up to date at all times and will rectify any unintentional errors as soon as possible. Should you have any queries relating to the website, feel free to contact Jenna Spence via mail@neilsons.co.uk or by telephone on 0131 625 2222.

You can read more about how we use cookies on our detailed Cookies page.

We use a third-party provider, MailChimp, to deliver e-newsletters to those that have opted in to receiving general property market updates from us. We gather statistics around email opening and clicks using industry standard technologies including clear gifs to help us monitor and improve our e-newsletter. For more information, please see MailChimp’s Privacy Notice.

For people that request they are added to our matching service to be matched to relevant properties that match their criteria, we use BDP Software for this. Details are kept secure at all times and those on the matching service have a clear way to unsubscribe.

We utilise the following social media platforms: Facebook, Twitter, LinkedIn, Instagram, Google+.

If you send us a private or direct message via social media the message will be stored by the social media site for the attention of Neilsons’ social media team which comprises of three members of staff. It will not be shared with any other organisations.

Messages sent to us directly via social media are kept for a reasonable time period in order for us to assist with your enquiry, after which they are deleted following a period of 3-month inactivity.

Neilsons are not liable for the content or personal data included in any reviews left against the organisation on social media e.g. Facebook or Google left by an individual user of these platforms.

We reserve the right to challenge or refute any allegations made against us on these platforms.

If you submit any explicit or inappropriate content on our social media sites you will be reported to the applicable platform and banned from the page.

When you call Neilsons telephone numbers we collect Calling Line Identification (CLI) information. We use this information to help improve our efficiency and effectiveness.

We monitor any emails sent to us, including file attachments, for viruses, phishing and malicious software. Please be aware that you have a responsibility to ensure that any email you send is within the bounds of the law.

We endeavor to reply to all emails as soon as possible. If you have any queries relating an email you have sent us, do not hesitate to contact us to discuss further.

We are committed to providing a high quality service. If you have any concerns, however, as to the manner in which the transaction is being, or was, handled or the fee that has been charged your complaint should, in the first instance, be directed to the partner responsible for the matter. Thereafter if you are not satisfied our Client Relations Partner, Steve Spence, who is based at our Head Office at 138 St John’s Road, Edinburgh, EH12 8AY. Contact telephone number: 0131 316 4444.

We will ensure that any complaint is properly and objectively investigated and dealt with and that you are fully advised of all your rights. Should you wish to find out more about our complaints procedure please read our privacy policy which is available at www.neilsons.co.uk/privacy.

If after investigation by the Client Relations Partner you are still not satisfied, you are at liberty to refer the matter to The Scottish Legal Complaints Commission (SLCC) who are the single gateway for all legal complaints in Scotland. Visit the SLCC website: https://www.scottishlegalcomplaints.org.uk/.

The SLCC can be contacted at the following address and you can make a complaint online here: https://www.scottishlegalcomplaints.org.uk/contact-us/ 

Scottish Legal Complaints Commission
Capital Building
12-13 St Andrew Square
Edinburgh
EH2 2AF

Phone: 0131 201 2130
Fax: 0131 201 2131
Email: enquiries@scottishlegalcomplaints.org.uk

If you are not happy with our response to a complaint made about your personal data, you are also entitled to submit a complaint to the Information Commissioner’s Office (ICO).

Tel: 0303 123 1115.
Website: https://ico.org.uk/global/contact-us/

When we receive a complaint from a person we make up a file containing the details of the complaint. This normally contains the identity of the complainant and any other individuals involved in the complaint.

We will only use the personal information we collect to process the complaint and to check on the level of service we provide.

We usually have to disclose the complainant’s identity to whoever the complaint is about. This is inevitable where, for example, the accuracy of a person’s record or a transaction is in dispute. If a complainant doesn’t want information identifying him or her to be disclosed, we will try to respect that as much as possible. However, it may not be possible to fully handle a complaint on an anonymous basis.

We will keep personal information contained in complaint files in line with our retention policy. This means that information relating to a complaint will be retained from closure. It will be retained in a secure environment and access to it will be restricted according to the ‘need to know’ principle.

Similarly, where enquiries are submitted to us we will only use the information supplied to us to deal with the enquiry and any subsequent issues and to check on the level of service we provide.

As mentioned above, we have to hold the details of the people who have requested the service in order to provide it. However, we only use these details to provide the service the person has requested and for other closely related purposes.

We have a legitimate interest in collecting your data (names, email address, telephone number) if you show an interest in one of our properties for sale and wish to view it as we are instructed by our client to sell and market their property professionally. For health and safety purposes, we also must know who is attending our clients’ private properties. By providing us with your email address and telephone number, we are able to log your details on our system and keep you up to date on the property e.g. if it goes to a closing date or there is a price change. This is highly recommended in today’s fast-moving market. We will also retain your data on our system so that if you request any details from any future properties listed with us, we have your details already. We will pass your name, email address and contact telephone number to sellers and viewing agents in relation to any viewings or interest you confirm. If you provide feedback or informal Offers to us then Neilsons and our client(s) should they so wish – have the right to reply to you. Please be advised that Neilsons are duty bound by law to keep clients up to date with all feedback, Offers and interest. We will endeavor to only use your personal data to keep you up to date with any property or properties you show interest in and if you wish to be removed from the system just let us know. You have the option of withdrawing your details from us at any time, please just let us know.

Under the General Data Protection Regulation, you, as a data subject have a number of rights which are detailed below. Some of these only apply in specific circumstances and are qualified in several respects by exemptions in data protection legislation. We will advise you in our response to your request if we are relying on any such exemptions.

• Access to personal data: You have a right to request information about the personal information that we hold about you. Should you wish to make such a request, please email us.You should include adequate information to identify yourself and such other relevant information that will reasonably assist us in fulfilling your request.
• Correction of personal data: You can request us to rectify and correct any personal data that we are processing about you which is incorrect.
• Right to withdraw consent: Where we have relied upon your consent to process your personal data, you have the right to withdraw that consent. To opt out of marketing, you can use the unsubscribe link found in the marketing communication you receive from us.
• Right of erasure: You can request us to erase your personal data where there is no legitimate interest for us to continue processing. This right only applies in certain circumstances, it is not a guaranteed or absolute right.
• Right to data portability:  This right allows you to obtain your personal data that you have provided to us with your consent or which was necessary for us to provide you with our products and services in a format which enables you to transfer that personal data to another organisation. You may have the right to have your personal data transferred by us directly to the other organisation, if this is technically feasible.
• Right to restrict processing of personal data: You have the right in certain circumstances to request that we restrict our processing of your personal data.
• Right to object to processing of personal data: You have the right to object to our use of your personal data which is processed on the basis of our legitimate interests. However, we may continue to process your personal data, despite your objection, where there are compelling legitimate grounds to do so or we need to process your personal data in connection with any legal claims.
• Rights relating to automated decision making and profiling: You have the right not to be subject to a decision which is based solely on automated processing (without human involvement) where that decision produces a legal effect or otherwise significantly affects you. This right means you can request that we involve one of our employees or representatives in the decision-making process. We are satisfied that we do not make automated decisions of this nature.

Neilsons recognise that online security and data protection is an area of vital importance for all our clients and users of our site, so it is important to us that you have confidence in the security of your personal details. We are committed to employing security measures to protect your information from access by unauthorised persons and to prevent accidental or unlawful processing, disclosure, destruction, loss, alteration and damage. In particular, all of our websites and key features such as the online payments feature and client portal are SSL protected.

Our technological security solutions are very advanced too. Our approach is focused on preventing risks given the current high risks of fraud facing law firms.

As the security of some communications via the internet is not secure, we cannot guarantee the security of any information that you disclose using your internet connection to Neilsons via any method of transfer. You accept the inherent security implications of using the internet and the Firm will accept no liability for any direct, consequential, incidental, indirect, or punitive losses or damages arising out of such an occurrence.

This privacy notice does not cover the links within this site linking to other websites. We encourage you to read the privacy statements on the other websites you visit for further information.

We retain personal information for as long as we reasonably require it for legal, business or archiving purposes.

We keep our privacy notice under regular review. This privacy notice was last updated in April 2018.

If you want to discuss any aspect of our privacy policy you can email us at mail@neilsons.co.uk or write to:

Compliance Department
Neilsons Solicitors and Estate Agents
Head Office
138 St John’s Road
Edinburgh
EH12 8AY

Tel: 0131 316 4444