Policies

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Who We Are

MOV8 Real Estate (‘MOV8’) is a firm of solicitors and estate agents with its Head Office in Edinburgh, Scotland. We provide estate agency services for our clients as well as doing the legal work (conveyancing) for their sale and purchase and other associated legal work relative to the residential property sector.

We have been serving our clients since late 2007 and have always aimed to provide a better way for homeowners and investors to sell and to purchase residential property.

Our unique approach to estate agency and conveyancing has led to us becoming the largest firm of solicitor estate agents in East Central Scotland, by both property sales and the number of properties that we bring to the market.

MOV8 Real Estate, SC 316603, is an incorporated legal practice, regulated by the Law Society of Scotland, acting as a Data Controller for the purposes of the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) and related Data Protection legislation. 

Our registration number at the Information Commissioner’s Office (ICO) is Z1662947.

How to Contact Us

If you have any questions regarding our Privacy Notice or our wider Data Protection Policy, then please do not hesitate to contact us at the details below.

Grant Gordon, Data Protection Lead
MOV8 Real Estate
6 Redheughs Rigg
South Gyle
Edinburgh
EH12 9DQ

[email protected]

Our Commitment

We are fully committed to handling your personal information in accordance with the General Data Protection Regulation (‘GDPR’) which is effective from 25 May 2018. 

We commit to making sure that your Personal Data is: 

• Processed lawfully, fairly and transparently
• Collected for an explicit and legitimate purpose
• Limited to what is necessary
• Accurate
• Stored only for as long as necessary
• Secure

This privacy notice applies to: 

• Clients who are marketing, or have marketed, their properties for sale through MOV8’s estate agency department
• Clients who have engaged MOV8 to provide legal services
• Prospective clients of MOV8 who have enquired about MOV8’s services and pricing
• Individuals providing funds or wealth used by MOV8’s clients in the purchase of a property
• Potential buyers of properties marketed for sale by MOV8 on behalf of its clients
• Subscribers to any marketing, educational or information services provided by MOV8
• Applicants for employment at MOV8
• Suppliers
• Third party service providers
• Third party contractors

MOV8’s employees are covered by MOV8’s Internal Data Protection Policy.

The ‘Personal & Special Category Data’ That We Collect

We collect ‘personal data’. This is any data relating to a living individual who can be identified both directly or indirectly.

We may also, from time to time, have to collect ‘Special Category Data’. Special Category Data includes, without limitation:

• Physical or mental health or condition
• Commission or alleged commission of any offence
• Religious beliefs or other beliefs of a similar nature
• The racial or ethnic origin of the data subject
• Political opinions
• Sexual life
• Any proceedings for any offence committed or alleged to have been committed, the disposal of such proceedings or the sentence of any court in such proceedings.

Below is a breakdown of the personal and sensitive data that we may collect. We have attempted to categorise this according to the teams that you may come into contact with when interacting with MOV8. However, please note that every customer journey is unique and that this information may be sought by different teams or at different points in the process depending on the circumstances or, from time to time, organisational restructuring within MOV8.

New Client Team (Estate Agency)

• Contact information (may include full name, email address, home address, address of property to be sold, telephone/mobile phone number)
• Payment information (Credit/Debit Card, Paypal)

Property Administration and Property Sales Team (Estate Agency)

• Contact information (may include full name, email address, home address, address of property to be sold, telephone/mobile phone number)
• Date of birth
• Former residential addresses
• Correspondence address
• Proof of residency/current address
• Information regarding where the person considers themselves to be domiciled
• Mortgage lender and mortgage account numbers
• Occupation
• Business ownership status and type of business
• Names of individuals listed on Title Deeds of property to be sold
• Names of individuals to be listed on Title Deeds of property to be purchased
• Address of property to be sold and reason for ownership (e.g. main residence or investment)
• Address of property to be purchased and reason for purchase (e.g. main residence or investment)
• Identity of any individual authorised to provide MOV8 with instructions on any transaction (if not MOV8’s client)
• Identity of executors acting on behalf of deceased person’s estate, where relevant
• Identity of client’s solicitor (where applicable)

Conveyancing

• Contact information (may include full name, email address, home address, address of property to be sold, telephone/mobile phone number)
• Date of birth
• Former residential addresses
• Correspondence address
• Photographic identification
• Proof of address
• Nationality
• Bank statements and/or alternative paperwork relating to source of funds or source of wealth
• Mortgage account numbers
• County Court Judgements (CCJs) (or equivalent) and bankruptcies (or equivalent)
• Politically Exposed Person status
• Sanctioned Person status
• Name and address, bank account of spouse or civil partner
• Bank details of client’s spouse or civil partner

Private Client

• Contact information (may include full name, email address, home address, address of property to be sold, telephone/mobile phone number)
• Date of birth
• Former residential addresses
• Correspondence address
• Photographic identification
• Proof of address
• Nationality  
• Bank statements, ownership documents and/or alternative paperwork relating to the estate

Accounts

• Supplier company name
• Supplier contact name
• Supplier contact phone number
• Supplier email address (e.g. [email protected])
• Supplier bank details

Recruitment and Human Resources

• Contact information (may include full name, email address, home address, telephone/mobile phone number)
• CV and cover letter
• Photographic identification
• Proof of address
• Qualifications
• Proof of Qualifications
• Employment history
• Ethnicity
• Disability details
• Proof of National Insurance
• Visa/residency documents
• References
• Disclosure Scotland
• Emergency contact information (may include full name, email address, home address, telephone/mobile phone number)
• Bank account details
• P45 and tax information

Website and Marketing

• Contact information (may include full name, email address, home address, telephone/mobile phone number)
• IP address

Why We Collect Your Personal Data

We process your personal data in line with our legitimate business requirements and in order that we can fulfil our obligations to you. This includes, without limitation:

• Arranging appointments with potential clients (for example, Valuation Appointments)
• Providing quotations for our services to potential and established clients
• Arranging Viewing Appointments for properties that we are marketing for sale on behalf of our clients
• Correctly logging Notes of Interest, Offers and Viewings
• Marketing properties for sale on behalf of our clients
• Progressing conveyancing transactions on behalf of our clients
• Sending details of properties that we are marketing for sale to potential buyers who have indicated an interest in receiving such details
• Satisfying obligations imposed upon us either by the law or by our regulator (for example, disclosures required by Police Scotland, the Law Society of Scotland or the Scottish Legal Complaints Commission)
• Recruitment
• Statistical analysis
• Marketing

How We Collect Your Data

We collect your information in a number of ways including:

• Contact or enquiry forms on our website
• Contact or enquiry forms on third party websites
• Cookies via our website
• Directly from you over the telephone, via email or ‘live chat’ on our website when discussing any of our services
• Email marketing sign-up forms
• Home Report Distribution Requests
• Viewing and General Information requests via property marketing websites (‘portals’) such as Rightmove and Zoopla

Cookies

We use a range of cookies to enhance our website and service offerings, including:

• Necessary cookies
• Performance cookies
• Functionality cookies
• Targeting/advertising cookies

For more information on the specific cookies we use, you can request a copy of our Cookie Policy or, for more general information, please see UK Cookie Guide and www.allaboutcookies.org.

Our Lawful Basis for Processing

We will always have a legal basis for processing your information. The most common reasons for us to process your personal data are:

• Contract – Where we have entered into a contract with you, or you have requested us to do something prior to entering into a contract
• Legitimate Interest – Where we have a legitimate interest that is not outweighed by the rights of the data subject
• Legal Obligation – Where we are required to comply with a legal obligation
• Consent – Where we have previously obtained your consent

Further to the above there may be occasions when we need to process your personal information as a result of:

• Public Task – To perform a specific task in the public interest that is set out in law
• Vital Interest – To process the personal data to protect someone’s life

Sharing of Personal Data

We may share your personal information with third parties when:

• It is necessary to allow us to fulfill our services to you
• It is required by law or regulation, or
• We have another legitimate interest in doing so

We only share information with third parties who are committed to processing personal data to the standards set out under GDPR.

These include our:

• Domain and hosting providers
• Website and website tool providers
• Cloud data storage providers
• Cloud accounting software
• External IT support companies
• Email providers
• CRM software providers
• Marketing and analytics agencies
• Statutory bodies
• Regulatory bodies
• Solicitor firms
• Call centres
• Call recording providers
• Property advertising websites (‘portals’)
• Online payment providers
• Anti-Money Laundering and identity check providers
• Mortgage lender panel management companies

Transfer of Your Information Out of the European Economic Area (EEA)

On occasion MOV8 Real Estate may transfer your personal information, or use third party suppliers who process or host your personal information, outside of the EU. Where this is the case, we will always verify that your personal information is being processed to the same standard as GDPR by making sure that there is one of the following agreements in place:

• EU-US Privacy Shield
• Adequacy of Protection
• Binding Corporate Rules
• Model Contracts

Retention of Personal Data

The data retention period will vary depending on the purpose for which it has been processed. We have in place a retention policy which sets out the different retention periods for the types of information we hold.

The data retention periods we apply take account of:

• Legal and regulatory requirements and guidance;
• Limitation periods that apply in respect of taking legal action;
• Our ability to defend ourselves against legal claims and complaints;
• Good practice; and
• The operational requirements of our business.

When it is no longer necessary to retain your personal data, we will delete or anonymise it.

Your Rights

You have the following rights, which you can exercise free of charge:

• The right to be informed – You have the right to be informed about the collection and use of your personal data. MOV8 provides individuals with information including: MOV8’s purposes for processing personal data and MOV8’s retention periods for that personal data.
• The right of access – You have the right to access your personal data. This enables you to receive a copy of the personal data MOV8 holds about you and to check that MOV8 is lawfully processing it.
• The right to rectification – You have a right to have any incomplete or inaccurate data corrected, though MOV8 may need to verify the accuracy of the new data provided by you.

• The right to erasure (‘right to be forgotten’) – You have in certain circumstances a right to have personal data erased. The right to erasure is also known as ‘the right to be forgotten’. This enables you to ask MOV8 to delete personal data where there is no good reason for the company continuing to process it. You can also ask MOV8 to delete your personal data where you have successfully objected to the processing, where MOV8 may have processed your information unlawfully or where MOV8 are required to erase your personal data to comply with local law. Note, however, that MOV8 may not always be able to delete the data for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• The right to restrict processing – You have the right to request the restriction or suppression of your personal data, however this is not an absolute right and only applies in certain circumstances. This enables you to ask MOV8 to suspend the processing of your personal data in the following scenarios:

1. if you want us to establish the data’s accuracy;
2. where the use of the data is unlawful but you do not want MOV8 to erase it;
3. where you need MOV8 to hold the data even if the company no longer requires it as you might need to establish, exercise or defend legal claims; or
4. you have objected to MOV8’s use of your data but you need to verify whether you have overriding legitimate grounds to use it.

• The right to data portability – The right to data portability allows you to obtain and reuse your personal data for your own purposes across different services. It allows you to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without affecting its usability. MOV8 will provide 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 MOV8 to use or where MOV8 used the information to perform a contract with you.

• The right to object – You have the right to object to the processing of your personal data in certain circumstances. Where MOV8 is 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 MOV8 are processing your personal data for direct marketing purposes. In some cases, MOV8 may demonstrate that the company has compelling legitimate grounds to process your information which override your rights and freedoms.
• Rights in relation to automated decision making and profiling – The GDPR applies to all automated individual decision-making and profiling. You can only carry out this type of decision-making where the decision is:

1. necessary for the entry into or performance of a contract
2. authorised by Union or Member State law applicable to the controller
3. based on the individual’s explicit consent.

If you would like to exercise any of those rights, please email our Data Protection Lead at [email protected].

Your objection might mean we cannot perform the services that you have requested from us. We will attempt to advise you if this is the case, where we are aware of the objection.

In certain circumstances we may still be able to process your personal information if it is required or permitted by law, or for the purpose of exercising or defending our legal rights and/or meeting our legal and regulatory obligations.

Data Security

We maintain appropriate security measures in place to prevent personal data from being accidentally lost, used or accessed in an unauthorised way. These include the following:

• We limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
• We only keep paper files where completely necessary.
• All computers and electrical devices used by MOV8 Real Estate are password protected.
• We have procedures in place to deal with any suspected data security breach.

We will notify you and any applicable regulator of a suspected data security breach, when we are legally required to do so, within 72 hours.

Complaints

In the first instance, we would request that you contact us directly with any concerns or complaints, you can email our Data Protection Lead, Grant Gordon, on [email protected]. The ICO has a sample letter (https://ico.org.uk/your-data-matters/raising-concerns) that you can use for this, however, we will be happy to discuss by email or letter.

MOV8 Real Estate
6 Redheughs Rigg
South Gyle
Edinburgh
EH12 9DQ

If you are unhappy with how we deal with your complaint, you can then address it directly to the ICO. For guidance, please see https://ico.org.uk/your-data-matters/raising-concerns

ICO Scotland Contact Details
The Information Commissioner’s Office – Scotland
45 Melville Street
Edinburgh
EH3 7HL
Telephone: 0303 123 1115
Email: [email protected]

Changes to our Privacy Notice

We keep our Privacy Notice under review and will place notice of any updates on this website. This Privacy Notice was last updated on 14 September 2023.