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Hastings Legal Privacy Statement

Hastings Legal is a trading name of Borders Legal Limited and Borders Property Limited.
Borders Country Lets is a trading name of Borders Property Limited.

Borders Legal Limited is a Company Incorporated under the Companies Acts (Company Number SC556132) and has registered office and principal place of business at 15 The Square, Kelso TD5 7HH. We also have an office at 11-13 Murray Street, Duns TD11 3DF. You can contact us at: 15 The Square, Kelso TD5 7HH by phone on 01573 226999, or by email: legal@hastingslegal.co.uk

Borders Property Limited is a Company Incorporated under the Companies Acts (Company number SC297249) and has registered office at 15 The Square, Kelso TD5 7HH and principal place of business at 28 The Square, Kelso TD5 . We also have an offices at 11-13 Murray Street, Duns TD11 3DF, 22 Market Place, Selkirk, TD7 4BL, and 30 Woodmarket, Kelso TD5 7AX. You can contact us at: 28 The Square, Kelso TD5 7HH by phone on 01573 225999, or by email: property@hastingslegal.co.uk

The word “partner” used in relation to Hastings Legal refers to a Director of Borders Legal Limited or Borders Property Limited. A list of Directors of the company is available for inspection at each office.

Our Undertaking to you

In this Privacy Statement we will tell you how we collect and use your data. We will use it to look after your interests in the best way we can and to ensure the we can properly act on your behalf. We will make sure we collect and store your data securely.

If you’re a client of the firm

We collect your data from you. This is either face to face, over the phone, email, letter or text

If you’re a client of another law firm

We will receive your personal data from your solicitor

If you are not a client of our firm but sign up to our Newsletter

We will receive your personal data from you when you complete an online signup form.

If you enquire about Property we are marketing for sale or let

We will use your personal contact information to communicate with you and to provide you with information on the property or properties you have enquired about. In addition, we will also provide you with information on the services we provide from time to time. If you do not wish to receive this information, please let us know.

If you wish to buy a property we are marketing for sale or become a tenant of a property we are marketing for rent

We will use your personal and financial information you provide to conduct Identification checks and source of funds as required by law.

Data we receive from third parties

We will also receive and process personal data of third parties for whom we neither act nor have any connection with. This can belong to the defender or witness in in a court case, the beneficiary in a Will or Executry case or the other party in an accident case. These are examples of where we might receive and process personal data which does not belong to our clients. This list is not exhaustive and we will receive and process personal data from a wide range of third parties.

The types of personal data we collect

We collect name and contact details including your postal address, telephone numbers and email addresses. We collect identification information from you.
If you are a client, we collect additional personal data as is necessary to properly represent you and carry out your lawful instructions to us. This can include personal and business financial information, health and medical information, information on your family members and their circumstances.

What we will do with your personal data?

We will use your personal data to act on your behalf in the matter or matters you have instructed us in. These are set out in the Terms of Business/Engagement we have sent to you. We will also be in touch with you from time to time to explain other services we can provide that may be relevant to your circumstances and inform you about changes in the law that might impact on you, your family, your business or your employment or which otherwise may affect you. If you do not wish to receive such communications, please let us know and you will be excluded from receiving them.

You have the following rights in relation to your personal data:

  • Access to the personal data we hold about you, free of charge in most cases;
  • The correction of your personal data when incorrect, out of date or incomplete;
  • Object to the processing of your personal data where we have no legitimate overriding interest, or once the purpose for which we hold the data has come to an end;
  • That we stop using your personal data for direct marketing;
  • That we stop any consent-based processing of your personal data after you withdraw that consent.
  • To ask us to delete or erase your personal data (subject to our Terms of Business in the case of clients)

To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice. If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.

On what basis are we processing your personal data?

Where you are a client

Our Lawful Basis for Processing your personal data is based on the Contract we have with you as set out in our Terms of Business letter to you.

Where you are not a client of the firm and have signed up for our Newsletter and other marketing materials.

Our Lawful Basis for Processing your personal data is your Consent which can be withdrawn at any time after which you will receive no further communications of this nature from us.

If another solicitor or organisation acting for you has provided your personal data in the course of a transaction with us on behalf of a client for whom we act.

Our Lawful Basis for Processing your personal data is the Legitimate Interests of this firm and its clients to properly and lawfully represent our clients’ interests. This Lawful Basis for Processing also applied to personal data of individuals who have no connection with our firm where our clients instruct us to carry out such processing. Examples of such individuals are those people who contact us to enquire about property we are selling or letting or tenants who occupy property where we act on behalf of the landlord.

Data is stored in our access controlled data store on our Network and in our firm’s Practice Management systems which, again, can only be accessed through a secure username and password.

Any data of this nature held in paper files, is held in secure filing cabinets within our offices which are locked and alarmed when unoccupied.

Where you have enquired about a property we area marking for sale or rent

Our Lawful Basis for Processing your personal data is Legitimate Interests.

You can ask us to remove you from receiving information from us at any time after which you will receive no further communications.

Where you have indicated you wish to buy or rent a property we are marketing

Our Lawful Basis for Processing your personal and financial data is the Legal Obligation we are required to fulfil under the Anti-Money Laundering legislation.

Personal data processed by third parties on our behalf

Your personal data will be processed by third parties with whom we are required to deal with when acting properly and lawfully for you. Examples of such parties are professional searchers, our IT support company and our practice management system support desk, our Estate Agency software provider and our website developer. This list is not exhaustive.

Our Date Retention Policy

Where you are a client

We will retain your data in accordance with our current data retention policy. This is set out in our Terms of Business we sent to you.

Where you are not a client

If you are not a client and have contacted us to enquire about property we are marketing for sale or for rent on behalf of a client, you can unsubscribe at any time and ask us to delete any data we hold at any time.

If you are a third party

We will retain your data in accordance with our client’s instructions and any data retained within our digital or paper filing system or storage will be subject to our data retention policy.

What is our Complaints Procedure?

Our complaints procedure in respect of any legal work we carry out on your behalf is stated in our Terms of Business letter to you. If you are not a client of the firm, you should write to us at the contact address show at the beginning of this Privacy Statement.

If you are unsatisfied with the manner in which we have dealt with any complaint relating to your personal data, you are entitled to ask the Information Commissioner to investigate. You will find information on how to raise a concern with the information Commissioner on their website by clicking this link: https://ico.org.uk/concerns/ If you do not have Internet Access, you can call the Information Commissioner by telephoning 0303 123 1113.

14 November 2023.

“Arguing that you don’t care about the right to privacy because you have nothing to hide, is no different than saying you don’t care about free speech because you have nothing to say.”Edward Snowden
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