J C Roxburgh Properties Ltd

Privacy Policy

Privacy Notice

At J C Roxburgh Properties Ltd, we take your data privacy seriously. In order to provide you with our services we collect and use personal data which means that we are a ‘Data Controller’ and we are responsible for and committed to protecting your privacy and complying with the UK General Data Protection Regulations (UK GDPR), Data Protection Act 2018, the EU General Data Protection Regulations where applicable and any subsequent laws or regulations applicable.

We are an independent estate agency and letting agency and are registered with the Scottish Letting Agent Register (Registration No 1903105). We collect and process personal data in the course of delivering our services.

In this Privacy Notice, we want to inform you what information we collect, how we use it and what rights individuals have in relation to the collection and processing of their personal data.

If you are providing personal data of another individual to us, you must tell them you are providing their information to us and show them a copy of this notice.

Our Contact Details

If you have any questions in respect of this Privacy Notice or how we manage your personal data, please contact us at:

J C Roxburgh Properties Ltd
19/21 Ayr Street
Troon
KA10 6ED

Tel: 01292 314 313
Email: maureen.eaglesham@roxburgh-group.co.uk

Whose Information Do We Collect?

We collect and process personal data in different ways during the course of delivering our services. This can belong to our residential and commercial clients, potential clients or enquirers, third party suppliers of services, property owners, tenants, occupants, guarantors, emergency contacts or named contacts as part of the service or product we provide.

What Personal Data Do We Collect And Process?

For all of our services and clients we collect the following types of information. Please select which is most applicable to you.

If You Are A Property Owner

• General contact details such as, Name, Address, email address, telephone number
• General communications between us and you
• Date of birth
• Residency details
• Business activities op commercial and residential tenants or potential tenants
• Details of mortgage Providers
• Insurance details
• Details of properties owned which are the subject of our services provided to you
• Financial Details – such as bank details or payment methods
• Information obtained through our use of cookies (please see our Cookie Policy)
• Your marketing preferences

If You Are a Tenant, Potential Tenant or A Guarantor (To Be Named In A Lease Agreement)

• General contact details such as, name, address, email address, telephone number
• General communications between us and you
• Date of birth
• Residency details
• Business activities of commercial and residential property tenants or potential tenants
• Occupation / Employment details of residential tenants
• Personal references for residential tenants
• Financial details – such as credit history or payment or bank details
• Details of criminal convictions
• Rent and other payment details
• Utilities and council charges payable
• Complaints
• Insurance arrangements
• Health or disability
• Information obtained through our use of cookies (please see our Cookie Policy)
• Your marketing preferences

If You Are An Occupant Or Potential Occupant Over 18 years Of Age (Not To Be Named In A Lease Agreement)

• General contact details such as, name, address, email address and telephone number
• Occupation / employment details
• Information obtained through our use of cookies (please see our Cookie Policy)
• Your marketing preferences

If You Are An Emergency Contact Or Third-Party Supplier Of Services

• General contact details such as, name, address, email address, telephone number
• Financial details – such as credit history, payment or bank details
• Insurance details
• Information obtained through our use of cookies (please see our Cookie Policy)
• Your marketing preferences

Special Categories Of Personal Data That We Can Collect

• Health and Disability details in relation to property requirements and only with your explicit consent.
• We may collect other special category information offered by you in the course of your discussions with us. These can relate to race, ethnicity, religious or philosophical beliefs, political opinions, trade union memberships or data concerning your sex life or sexual orientation.

We will only process such information to the extent necessary where in connection with legal proceedings. Any further processing will only be with your explicit consent.

Children

We do not collect or process personal data relating to children. We will collect details of the number of occupants of a property and the ages of any occupant over 18 years of age only.

We generally rely on your consent to collect and process this information and do not retain this information beyond the time period of which it is necessary.

How We Collect Your Information

In most cases, we collect your data directly from you. We collect data and process it when you

• Complete an online ‘contact us’ form
• Complete an application for tenancy
• Complete a Property Letting Service Agreement with us as a property owner
• Provide information during a meeting on site or virtual
• Speak to us on the telephone to discuss or use our services
• Email or write to us to enquire about or use our services or provide general information in the course of our communications
• Complete a Property Sale Agreement

We also receive your data indirectly from the following sources:

• Tenants or buyers who provide your details as a guarantor, emergency contact or reference provider
• Third Parties who provide your details as a nominated point of contact
• Social Media Sites including LinkedIn
• Credit References and publicly available sources
• Public Sources – Demographic Data, Market Research, Companies House

Please Remember: Where you provide any of this information relating to or on behalf of another individual such as a nominated contact, you must remember to ensure that you have the consent of the individual and provide them with a copy of or access to this Privacy Notice.

Why Do We Collect Your Information?

Where we collect and process personal data, we identify both the purpose and legal basis for doing so. The legal bases which are:

Consent – where we have consent from the individual to the processing of his or her personal data for one or more specific purpose

Contract – where the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract

Legal Obligation – The processing is necessary for compliance with a legal obligation to which we are subject

Vital Interests – Where the processing is necessary in order to protect the vital interests of the data subject or another natural person Public Interest – Where the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

Legitimate Interests – Where the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal date, in particular where the data subject is a child.

Our purpose and legal basis for the information we collect, and process allows us to:

Our Purpose	Our Lawful Basis	Additional Condition For Special Category Information
To understand your requirements prior to entering into a contract of service with our Property Owners	The processing is necessary for the performance of an anticipated Contract	Where this involves accessibility requirements or additional needs, we rely on Consent to process this health information
To understand your requirements to ensure that any contract of service meets our customer’s needs	The processing is necessary for the performance of a Contract with you
To fulfil our contract with you and provide you with the agreed services therein	The processing is necessary for the performance of our Contract with you
To manage and monitor all rental payments	The processing is necessary for the performance of a tenancy Contract
To manage our business operations and comply with any internal policies and procedures	It is in our Legitimate Interests to use your personal information to ensure that we provide and adapt our services.
To process health and medical details to endure that contracts and services are suitable for our clients’ needs.	We need to ensure that Contracts of services are suitable for the needs of our clients and customers.	We rely additionally on Consent to process any details of vulnerability which are categorised as special category personal data.
To note potential vulnerabilities and ensure that our services and products meet the characteristics of our client / customer.	We need to ensure that Contracts of services are suitable for the needs of our clients and customers.	We rely additionally on Consent to process any details of vulnerability which are categorised as special category personal data.
To review and improve our products services and support by analysing complaints, feedback and vulnerable customer data	It is in our Legitimate Interests to ensure that we constantly review our services and support to understand what improvements we can make for clients.	It is in the Substantial Public Interest that we understand the different characteristics of clients and improve our services and deliver good customer outcomes.
To provide information to safety and service suppliers to ensure that they can arrange for access to the property in the case of an emergency, safety or repair and maintenance requirement	We have a Legal Obligation to use your personal information to ensure that such services can contact you in relation to an emergency safety requirement or repair
To provide information to repair and maintenance suppliers to ensure the ongoing maintenance and good condition of a property	It is in our Legitimate Interests to ensure that the property remains in a good state of repair
To provide tenancy information to public or local authorities on request.	We have a Legal Obligation to provide information to public authorities and local housing authorities relation to the occupation of a property.
To provide information on request in relation to investigation of a crime and anti-social behavior	It is our Legal Obligation to provide information on request in relation to such an investigation
To notify you about changes to our service	It is in our Legitimate Interests to use your personal information to keep you informed about any changes that may affect you
To understand and decide on the suitability of a potential tenant	It is in our Legitimate Interests to use personal data to assess potential tenants.
To complete a Tenancy Agreement	It is necessary to fulfil our tenancy Contract.
For Marketing of similar services to existing customers	It is in our Legitimate Interests to use your personal information for marketing purposes where the services being marketed are relevant to you.
For electronic Marketing of services to new customers via personal business email addresses at incorporated companies	It is in our Legitimate Interests to use personal business email addresses for marketing purposes where we can support individual’s rights
For electronic Marketing of services to new customers	We rely on Consent for direct marketing to individuals
To comply with our legal obligations, law enforcement, court and regulatory bodies requirements	To comply with our Legal Obligations
To identify and prevent fraud	It is in our Legitimate Interests to act as a responsible business
Managing our Business operations such as maintaining adequate resource to provide our services.	It is in our Legitimate Interests to manage and improve our business operations and activities.
To communicate with you, respond to your queries and notify you about changes to our business	It is in our Legitimate Interests to use your personal information to keep you informed about any changes that may affect you

Where we rely on your consent you have the right to withdraw this consent at any time by contacting our Data Protection Officer. Contact details can be found at the beginning of this policy.

Legitimate Interests – Where the processing of personal data is based on our Legitimate Interests, it is to improve on our service, security and prevent fraud or illegal activity in favour of the wellbeing of our customers, employees and stakeholders.

Direct Marketing

We may send you details of similar services to those you have enquired about or purchased from us previously. You can opt out of receiving this information from us at any time by contacting us at the above address or clicking ‘unsubscribe’ on any messages you may receive.

We will never share or sell your information to any other party for marketing purposes.

Who Do We Share Your Information With?

In the course of delivering our services, we may share your personal information with third parties for the various purposes set out above. These are:

• Other parties involved in your property service – landlords, owners, tenants
• Other firms the Roxburgh Group where we have your consent to do so
• Accountants
• Payment Services Providers
• Auditors
• Lawyers and other professional services
• Specialist Experts for example, Marketing Companies, where we have a lawful basis for doing so, Compliance Consultants, Web Service providers
• Cloud storage providers
• Property Manager Software Services
• Fraud detection Agencies
• Police and Law Enforcement agencies where reasonably necessary for the prevention or detection of crime
• Credit Reference Agencies
• Regulators and governing bodies such as HMRC in respect of Tax and property income approvals
• Selected Third Parties in connection with any future sale, transfer or disposal of our business

International Data Transfers

With today’s modern technology including Cloud Storage and Software, some recipients of your personal data can be located outside your country or have offices in countries where data protection laws may provide a different level of protection than the laws in your country.

Where this is the case, we make sure that additional safeguards are in place such as ensuring that those countries have a decision of adequacy under the UK GDPR, have entered into appropriate agreements and contract clauses, or in the case of the US, the recipients of personal data are certified under the EU-US Data Privacy Framework (including the UK extension).

Automated Decision-Making Or Profiling

We do not use automated means to make decisions about the products we source, however providers can do so when providing us with a quotation. They consider the information provided (for example, details of your level of cover required, financial status etc) to determine whether your application can be accepted and the appropriate rates. All of such decisions are however reviewed by us and you can request that the decision be made by an individual decision maker.

How Long Do We Keep Personal Data For?

We will retain personal data in accordance with legal and regulatory requirements and for no longer than is necessary to fulfil the purposes set out in this privacy policy. We maintain and review a detailed retention policy and schedule which documents how long we will hold different types of data. The time period will depend on the purpose for which we collected the information and is never on an indefinite basis. Subsequently, we will delete your personal data in accordance with our data retention and deletion policy or take steps to properly render the data anonymous, unless we are legally obliged to keep your personal data longer (e.g. for tax, accounting or auditing purposes).

The following details the criteria used to establish the retention period set out within our policy.

Where it is still necessary for the provision of our services

This includes the duration of any contract for services we have with you and for a period of 12 months after the end of any contract with a view to maintaining and improving the performance of our products, keeping our systems secure, and maintaining appropriate business and financial records. Most of our retention periods are determined on the basis of this general rule only where we are not required to retain the data for longer.

Where required by statutory, contractual or other similar obligations

Corresponding storage obligations may arise, for example, from laws or regulation, for example depending on the type of product we arranged for you. It may also be necessary to store personal data with regard to pending or future legal disputes. Personal data contained in contracts, notifications and business letters may be also subject to statutory storage obligations depending on national law.

Your Rights As A Data Subject

As a data subject, you have rights in relation to your personal data. These are:

The Right to Access – You have the right to request details of personal information held or processed and to copies of this data. We do not usually charge for this service.

The Right to Rectification – You have the right to request that any information be corrected that you believe is inaccurate or to complete any information that you believe is incomplete.

The Right to Erasure – You have the right to request that we erase your personal information under certain conditions

The Right to Restrict Processing – You have the right to request that we restrict the processing of your personal data under certain circumstances The Right to Object to Processing – You have the right to object to our processing of your data, under certain conditions.

The Right to Data Portability – You have the right to request that we transfer the data that we have collected to another organisation or directly to you, under certain conditions.

As previously detailed, you also have the Right to Withdraw Consent where you have previously provided this at any time.

To exercise any of these rights or wish to make a complaint to us in respect of those rights, please contact us using the details at the beginning of this notice.

If we cannot satisfy your complaint, you also have the right to complain to the Supervisory Authority. In the UK, where you wish to report a complaint or feel that we have not addressed your concern in a satisfactory manner, you may contact the Information Commissioner’s Office at:

The Information Commissioner’s Office – Scotland
Queen Elizabeth House
Sibbald Walk
Edinburgh
EH8 8FT

Telephone: 0303 123 1113 or live chat

Or alternatively you can click the link below to begin the process online.

https://ico.org.uk/make-a-complaint/data-protection-complaints/data-protection-complaints/

Contractual Obligations and Consequences

In some circumstances, the provision of personal data is partly required by law (for example, tax regulations, legal obligations) or can also result from contractual provisions such as payment details. This means that it may sometimes be necessary to conclude or fulfil a contract, that the personal data be provided. In those circumstances where the data is not provided or where certain rights are exercised, (Erasure, Object) there is a possible consequence that the contract could not be fulfilled or concluded and may be cancelled.

Cookies & Similar Technologies

When you visit our Website, we use cookies and similar technologies to provide you with a better, faster and safer user experience or to show you personalised advertising. Cookies are small text files that are automatically created by your browser and stored on your device when you visit or use the Website. For full details please see our separate Cookie Policy.

To learn more about how to manage your browser cookie settings in general please see www.allaboutcookies.org

Please remember: When you click on any external links on our site including the member log in, or where you find us on social media, you are redirected to those websites. We have no control over the privacy of those domains, so please check and review the privacy information on those sites.

Data Security

We aim to protect your personal data through technical and organisational security measures to minimise risks associated with data loss, misuse, unauthorised access and unauthorised disclosure and alteration.

We use property management software and cloud-based services which have controlled and restricted access. We operate records management and Information security policies which detail physical security, cloud storage security monitoring, access control, password security measures in addition to remote working and clear desk rules. We also maintain and use anti-virus and malware software and firewalls.

Changes To Our Privacy Notice

All businesses change from time to time. At J C Roxburgh Properties Ltd we keep our Privacy Notice under regular review.

This Privacy Notice was last updated on 16th January 2025.